DISTRICT-KHAGARIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned J.C. to Government Pleader No. 17 and learned counsel for respondent no. 6.

(2.) THE petitioner seeks quashing of the notice dated 28.7.2008 by which the special meeting for considering no confidence motion against the petitioner - Pramukh was fixed on 2.8.2008 and further the decision taken at the said meeting wherein the resolution of no confidence motion was passed and also the communication dated 16.8.2008 issued by the Sub - Divisional Officer, Gogri by which the respondent no. 6 has been declared elected on the post of Pramukh of Gogri Panchayat Samiti. Learned counsel for the petitioner raises three points in support of the case of the petitioner. It is firstly submitted that the requisition for convening the special meeting was addressed not to the Pramukh as required under Section 44(3)(i) of the Bihar Panchayat Raj Act, 2006 but to the Executive Officer -cum -Block Development Officer. It is urged that the subsequent placing of the said requisition (Annexure -2) before the Pramukh by the Executive Officer cannot cure the illegality as such a requisition has to be treated as not having been validly presented at all and thus no requisition in the eye of law.

(3.) THE second submission of the learned counsel is that the notice dated 28.7.2008 (Annexure -4) had fixed the date of the special meeting for considering no confidence motion on 2.8.2008 which again is in violation of the mandatory provisions of Section 46(4) of the Act which provides for seven clear days notice.