SANIVRI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONERS seeks permission to delete respondents Nos. 5 to 266 who are the members of the Zila Parishad, Nawada. Leave is granted. Respondents Nos. 5 to 26 are deleted.

(2.) THE present writ application has been filed by the petitioner, who is a member of the Nawada Zilla Parishad for setting aside the resolution of the Zila Parishad dated 27-8-2007 (Annexure-5) in so far as it disapproves the earlier resolution dated 30-5-2007 (the second resolution taken in the said meeting held on the said date ). It is submitted that the second resolution dated 27-8-2007 disapproving and modifying the earlier resolution is in contravention to and in conflict with Section 72 (9) of the Gram panchayat Act. The Zila Parishad and the chief Executive Officer of the Zila Parishad have appeared and have filed a counter affidavit. In the counter affidavit, it has been asserted that in the second meeting dated 27-8-2007 which was called in pursuance to the mandate as contained in Section 72 (1) of the said Act, all the members present and voting unanimously, decided to disapprove the earlier resolution and substantially modify the same. The meeting being called in pursuance to the obligations set out under Section 72 (1), the resolutions passed therein could not be invalidated.

(3.) HAVING heard the counsel for the parties and considering the matter, this writ application is being disposed of at the stage of admission itself.