DISTRICT-JAMUL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) 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 consequentiai reliefs. The main ground taken by learned counsel for the petitioner is that the notice dated 27.8.2008 for convening the speciaf 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.) IT is stated by learned counsel for the petitioner that the allegation is that whenever the petitioner had presided over the meetings of the Panchayat Samiti as its Adhyakshya he had not performed his duty in proper manner and shown disrespect towards the members. Learned counsel submits that as a matter of fact, the petitioner had presided over the meeting of the Panchayat Samiti only once on 2.5.2008 and thus prima facie the charges appear to be not made out and in any case the manner in which the charges have been laid out no fruitful discussion are possible with respect to the same.