SUMITA DEVI ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Additional Advocate General No.5 for the State and learned counsel for the Zila Parishad, Khagaria.

(2.) The petitioner seeks quashing of the resolution dated 11.8.2008 by which no confidence motion has been passed against her at the special meeting of the Zila Parishad and further prayer has been made to stay the election to the said post of Up-Pramukh proposed to be held today i.e., 29.8.2008, in the meeting called for by notice dated 21.8.2008 (Annexure-9) issued by the District Magistrate.

(3.) The main contention of learned counsel for the petitioner is that pursuant to an earlier requisition dated 29.7.2007 for convening a special meeting for considering the no confidence motion against the Chairman of the Zila Parishad, Khagaria it was ordered on 4.8.2008 by the Chairman of the Zila Parishad to convene the said meeting on 11.8.2008. On 4.8.2008 a requisition for convening a meeting for considering no confidence motion against the petitioner was presented before the Chairman of the Zila Parishad. However, instead of fixing the date of holding the meeting for the said purpose she merely referred the matter to the District Magistrate who fixed the same date, that is, 11.8.2008 for considering the no confidence motion.