SHEELA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. S.B.K. Manglam, learned counsel for the petitioner, Mr. Anwar Karim learned A.C. to GP-10 for the State, Mr. Amit Srivastava, learned counsel for the State Election Commission and Mr. Sri Prakash Srivastava, learned counsel for the private respondents.

(2.) In the instant writ petition, the petitioner has prayed for quashing the proceeding of the special meeting dtd. 13/7/2018 of the Block Panchayat Samiti, Mahnar, convened for the purpose of consideration of no confidence motion against the petitioner on the ground that the requisition for convening the said special meeting was submitted in violation of mandatory requirements as contemplated under sub-sec. (3) (i) of Sec. 44 of the Bihar Panchayat Raj Act, 2006 (for short 'the Act') and the notice issued for the said special meeting vide letter no. 1170 dtd. 6/7/2018 was illegal as it did not comply with the requirement of sub-sec. (3)(iii) of Sec. 44 read with sub-sec. (4) of Sec. 46 of the Act.

(3.) The case of the petitioner is that she had contested the election for the post of Pramukh of Mahnar Block Panchayat Samiti and was declared elected. On completion of two years in office, a requisition was filed in the office of respondent no. 6 without its presentation before her as required under sub-sec. (3) (i) of Sec. 44 of the Act, which was forwarded to her for fixing the date of special meeting by respondent no. 6 on 5/7/2018. She returned the requisition to the respondent no. 6 on 6/7/2018 fixing the date of special meeting on 13/7/2018. Thereafter, respondent no. 6 issued notice to all the elected members of the Block Panchayat Samiti, Mahnar on 6/7/2018 and they were required to attend the special meeting of Block Panchayat Samiti on 13/7/2018 for consideration of no confidence motion against her. On 13/7/2018 the special meeting was convened, which was attended by 11 members of the Panchayat Samiti in which the motion of want of confidence was passed against her and she was removed from her post.