RABINDRA NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, who is Up-Mukhiya, was acting as Mukhiya on the .elevation of the Mukhiya to the post of Pramukh of the Panchayat Samiti of the area, i. e., in Sarthuan Gram Panchayat within Udwantnagar Police Station in the district of Bhojpur.

(2.) The impugned action is the removal of the petitioner from the post of the acting Mukhiya in view of the allegation that he is not a person who has rendered the services that he is required to do. This action, was taken for the first time on 12-1-1981. Subsequently, by another meeting held on 8-4-1981 a fresh resolution to the same effect was passed. This meeting was meeting.

(3.) The petitioner in his application has urged that he had no notice that a resolution of no confidence had been tabled at the April meeting otherwise he would have attended it in spite of his illness. I may state, however, that nothing has been brought to my notice that the petitioner had called a meeting as required by the rules nor has it been stated that no requisition was made for such a meeting, etc. Nevertheless, the statement that he had no notice of the resolution has to be given its due weight, particularly when none of the respondents at the hearing has appeared to contest this application in spite of notice and appearance through counsel. I see no reason, therefore, why Annexure 3 should not be quashed and consequently the resolution and the proceeding, Annexure, 1 and 2. Accordingly, Annexures 1, 2 and 3 are quashed. I am quashing these annexures on the ground of legal infirmities by the lack of notice and not on the merit of the allegations. The application is allowed, but, without costs. Application allowed.