LAWS(PAT)-2008-11-241

PRABHU YADAV, SON OF SHRI DUKHI YADAV, RESIDENT OF VILLAGE-FATEHPUR, POLICE STATION KHAIRA, DISTRICT-JAMUI Vs. THE STATE OF BIHAR & ORS.

Decided On November 27, 2008
Prabhu Yadav, Son Of Shri Dukhi Yadav, Resident Of Village -Fatehpur, Police Station Khaira, District -Jamui Appellant
V/S
THE STATE OF BIHAR AND ORS. Respondents

JUDGEMENT

(1.) HEARD learned counsel for the parties. The petitioner seeks quashing of the letter dated 27.8.2008 issued under the signature of the Executive Officer -cum -Block Development Officer, Khaira, Jamui convening special meeting on 5.9.2008 to consider the proposal of no confidence motion against the petitioner -Up -Pramukh of the Khaira Panchayat Samiti and other consequential reliefs.

(2.) THE main ground taken by learned counsel for the petitioner is that the notice dated 27.8.2008 for convening the special meeting on 5.9.2008 for considering no confidence motion against the petitioner does not contain clear and specific charges as per the requirement of Section 44(3)(v) of the Bihar Panchayat Raj Act, 2006 and whatever allegations made therein are vague, non -specific and general.

(3.) IN support of the aforesaid proposition, learned counsel for the petitioner relies upon a decision of a Division Bench of this Court in the case of Lalan Singh & Ors. vs. The State of Bihar & Ors. : 2002(3) PLJR 201.