GAJENDRA NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the decision to convene the meeting of the Panchayat Samiti on 15th of July, 2005 for considering the motion of no confidence against the petitioner, who happens to be the Pramukh of Supaul, Panchayat Samiti. During the pendency of the application such a meeting was held and a motion of no confidence has been carried out against the petitioner and the petitioner's further prayer is to quash the said resolution.

(2.) Short facts giving rise to the present application are that the petitioner at the relevant time was working as the Pramukh of Panchayat Samiti, Supaul. Earlier a motion of no confidence was passed against him on 16.10.2003 and on a challenge being made by the petitioner in a writ application filed before this Court CWJC No. 10633 of 2003 Gajendra Narayan Singh v. State of Bihar and Ors. this Court went into its validity and by order dated 10.11.2004 found that the motion passed against the petitioner is bad in law and accordingly quashed the same. However a fresh requisition dated 28.4.2005 was made requesting the petitioner for convening the special meeting for consideration of no confidence motion against him. Petitioner did not convene the meeting on the ground that motion of no confidence can be brought only after the expiry of a period of one year from the date on which the earlier motion was considered and accordingly by minute dated 18.5.2005, rejected the request. However, the Executive Officer issued notice dated 4.7.2005 to all the members of the Panchayat Samiti informing them that a special meeting has been called by Up-pramukh on 15.7,2005 for consideration of the no confidence motion against the petitioner. Meeting as decided was held on 15.7.2005, which was adjourned to 22.7.2005 on account of lack of quorum and on that date the motion of no confidence has been carried out against the petitioner.

(3.) Mr. Dhrub Narain, Senior Advocate, appearing on behalf of the petitioner contends that the motion of no confidence brought against the petitioner having been rejected on 16.10.2003, no fresh motion of no confidence against the petitioner can be brought within a period of one year from the date of such rejection of the motion. He points out that the earlier motion was rejected on 16.10.2003, whereas the fresh requisition was made on 28.4.2005 and the meeting to consider the no confidence motion was fixed on 15.7.2005 which was ultimately carried out on 22.7.2005.