KELA DEVI Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) HEARD learned counsel for the parties in both the writ petitions which relate to the same proceedings of no confidence motion in respect of Pramukh of Karpi Panchayat Samiti and, accordingly, they have been heard together and are being disposed of by this common order.

(2.) THE petitioner in C.W.J.C. No. 13182/2008 prays for quashing of the proceedings of no confidence motion dated 19.8.2008 and also for quashing the notice dated 14.8.2008 (Annexure - 2) issued by respondent No.5, the Block Development Officer -cum -Executive Officer, Karpi in violation of the provisions of Section 46(4) of the Bihar Panchayat Raj Act, 2006. The petitioner of C.W.J.C. No. 13613/2008, who is the Pramukh of the said Panchayat Samiti, on the other hand, seeks quashing of the letter/order contained in memo No. 179 dated 28.8.2008 issued by the District Magistrate, Arwal, by which he has directed the Block Development Officer, Karpi to again fix a date to convene the special meeting for considering the proposal for no confidence motion dated 5.8.2008 after holding that the resolution passed in the meeting dated 19.8.2008 is void and non -existent as only five days time was given instead of 7 days time to convene the special meeting and further prays for restraining the respondents from fixing a date special meeting to consider proposal for no confidence motion against the petitioner. The petitioner has also been permitted to challenge the notice dated 14.8.2008 issued by the Executive Officer - cum -Block Development Officer on the ground that the reasons/charges mentioned in the said requisition and notice are vague and cryptic in nature and not clear and specific as required under the provisions of the Act.

(3.) THE short facts relevant for the decision in the present matter are that the requisition for convening the special meeting for considering no confidence motion against the Pramukh of the Panchayat Samiti, namely, Parwati Devi (respondent No.6) was presented on 5.8.2008. The special meeting for considering no confidence motion was held on 19.8.2008 and notice in this regard was issued by respondent No.5 on 14.8.2008. Out of 25 directly elected members of the Panchayat Samiti at the relevant time in the special meeting, 12 votes were cast in favour of the motion and 12 against the no confidence motion. Accordingly, the motion was held to have been defeated. Thereafter, the petitioner, Kela Devi, approached the Collector who, by his order dated 28.8.2008 set aside the proceedings of the special meeting dated 19.8.2008 on the ground that no clear 7 days notice as required under Section 46(4) of the Act has been given and directed the Block Development Officer to convene a special meeting on another date complying with the provisions of the Act.