ORSIL PASWAN SON OF LATE SHANICHAR PASWAN Vs. STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner, learned Counsel for the appearing respondents, learned Counsel for the State Election Commission and learned Counsel for the State.

(2.) THE petitioner has filed the present writ application with a prayer for quashing the entire proceeding dated 21.7.2008 (Annexure - 3) of the no -confidence motion brought against him including the resolution of no -confidence passed therein and for other consequential orders.

(3.) LEARNED Counsel also refers to the counter affidavit filed on behalf of the Block Development Officer in which the notes put up by the Executive Officer with respect to the requisition for no -confidence motion have also been annexed as Annexure -A which shows that the petitioner as the Pramukh has approved the same on 14.7.2008. It is submitted that as a matter of fact the said notes were never put up before the petitioner nor the petitioner had ever signed any such notes and the signature of the petitioner is not to be found in the same notes which are annexed as Annexure - 2 to the writ petition whereas the same is found in Annexure - A to the counter affidavit sworn by the Block Development Officer -cum -Executive Officer. It is alleged that the same is a forgery. It is further contended that even if for the sake of argument the same is assumed to be the signature of the petitioner made on 14.7.2008 then the Executive Officer will have much to answer as to how even before the petitioner -Pramukh had fixed the date he had issued notice dated 11.7.2008 to the petitioner and other members of the Panchayat Samiti for convening the no -confidence motion on 21.7.2008. The same according to learned Counsel clearly shows the manipulative role played by the Block Development Officer and his attempt at tampering with the documents even while the matter is pending before this Court.