SANJITA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant was elected as Pramukh of Sangrampur Panchayat Samiti, District-East Champaran in the year 2011. 1/3rd members of the Panchayat Samiti signed a notice dated 5.7.2013 and made request to convene the meeting, to express want of confidence in the appellant. While stating certain reasons, the Block Development Officer i.e. the executive authority, convened a meeting on 18.7.2013 and the no confidence motion was carried out. Challenging the same, the appellant herein filed C.W.J.C. No.13540/13. The plea was that the copy of notice was not served upon her and the proceedings were conducted by the Block Development Officer i.e. 5th respondent, straightaway. During the pendency of the writ petition, elections were also held and another person was elected in the place of the appellant.

(2.) The writ petition was allowed by this Court on 3.9.2013. The contention of the appellant that the convening of the meeting was contrary to Section -44(3) of the Bihar Panchayat Raj Act, 2006 was accepted. The result of the no confidence motion as well as the consequential election were set aside. However, a direction was issued to the Block Development Officer to convene a meeting to take up the motion, on a particular date.

(3.) The appellant felt aggrieved by the direction issued by the learned single Judge to take up the motion of no confidence on a particular date and filed L.P.A. No.1347/13.