VASTI DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ravi Ranjan, learned counsel appearing on behalf of the petitioners in the two writ petitions, learned counsel for the State in the respective writ petitions, learned counsel for the State Election Commission and learned counsel for some of the private respondents who have appeared through counsel. Though served the others have not chosen to contest.

(2.) The two petitioners are the Pramukh and Up-Pramukh respectively of Panchayat Samiti, Koilwar in the district of Bhojpur and have questioned the initiation of proceedings of no confidence motion vide requisition dated 13.8.2015, a copy of which is impugned at Annexure-1 to the respective writ petitions whereby the requisitionists have expressed loss of confidence in the petitioners. The petitioners are also aggrieved by the notice dated 20.8.2015 issued by the Executive Officer -cum- Block Development Officer, Koilwar notifying the date of special meeting on 27.8.2015 on grounds that it does not fulfil the mandate of section 46(4) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as "the Act") .

(3.) Since the two petitioners have questioned the same proceedings hence the matters are being heard analogous and again since the respondents are common hence notice was issued to the private respondents in CWJC No.13386 of 2015 and pursuant whereto some of the members have appeared through counsel.