NIRMALA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ANNEXURE -1 to the writ petition is the requisition. It appears to be the case of the Executive Officer that the Executive Officer received a copy of Annexure -1 and forwarded the same to the petitioner but the petitioner refused to accept the same. The Executive Officer has stated that in view of such refusal, the copy of Annexure -1, as was received by him was kept by him in the file. It is also the contention of the Executive Officer, which may not be a correct, that while a copy of Annexure -1 was served upon the Executive Officer, a copy thereof or the original of the same was served upon the petitioner. The requi -sitionists have also not clearly stated nor have produced any evidence to show that Annexure -1 to the writ petition was served by them upon the petitioner. A doubt, therefore, has been cast as to the service of Annexure -1 to the petitioner. In order to remove the doubt, it was the duty of the petition to state in the body of the petitioner or in the rejoinder as to how he received Annexure -1. At the time of argument, learned counsel for the petitioner submitted that after Annexure -1 was kept in the file, his client may have prepared a copy thereof. This stand has not been taken in the petition or in any supplementary affidavit or in any interlocutory application or in the rejoinder, and accordingly I would not permit the petitioner to contend something for which there is no foundation at all.

(2.) HAVING produced Annexure -1 and having failed to explain how he got it, it would not lie in the mouth of the petitioner that he did not receive the original of the Annexure -1 at the time when a copy of Annexure -1 was served upon the Executive Officer. The petitioner did not convene a meeting as he was requested by Annexure -1. The requisitionists thereupon requested the Executive Officer to issue a notice and the Executive Officer, without keeping on record evidence of service of Annexure -1 to the petitioner, issued the notice convening the meeting and thereby acted improperly. The Act obliges the requisitionists to make the requisition a valid requisition to submit the same to the Pramukh. Unless the requisition is submitted to the Pramukh, the requisition itself is invalid. Without serving the requisition to the Pramukh, the requisitionists cannot ask the Executive Officer to convene the meeting.

(3.) THIS writ petition accordingly fails. There shall be no order as to costs.