SHRUTI SHREE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Mrigank Mouli, learned Sr. Advocate along with Mr. Samir Kumar, Mr. Apurv Harsh, Mr. Sujit Kumar and Mr. Manu Tripurari, learned counsels appearing on behalf of the petitioner and learned SC-28 appearing on behalf of the Respondent/s.

(2.) It is contended on behalf of the petitioner that District Magistrate, Patna was only requested to correct the manner in which the special meeting of No Confidence Motion has to be conducted and who had, without jurisdiction directed the Block Development officer-cum-Executive Officer to obtain a fresh date of meeting from the petitioner. However, the Block Development officer-cum-Executive Officer without complying with the direction and the mandate of Sec. 44(3)(i) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the 'Act') has proceeded to fix the date of special meeting, which is not in accordance with law.

(3.) Learned counsel appearing on behalf of the State admitted that the order passed by the District Magistrate in exercise of power conferred under Sec. 157 of the Act, is a reasoned order and can not be faulted for. However, he is also of the opinion that if the allegation made by the petitioner against the Block Development officer is correct, i.e. in fixing the date of special meeting on his own without obtaining a date, which was required to be communicated to him by the Petitioner, is against the statutory provision of Sec. 44(3)(i) of the Act, as well as, direction of the District Magistrate.