RAJENDRA MEHTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD both the parties.

(2.) PETITIONER was the erstwhile Pramukh of the Panchayat Samiti. He has been removed from the said post of Pramukh. In this writ petition, it is not the contention of the petitioner that the meeting which was convened to remove him from the post of Pramukh, was an invalidly convened meeting, for such contention is pending determination in yet another writ petition.

(3.) SECTION 38 of the Act authorizes only the elected members of the Panchayat Samiti to elect Pramukh and Up -pramukh thereof. None of the non -elected members has any right of any nature in the matter of election of Pramukh and Up -pramukh. In such view of the matter, their presence is not required at all.