LAWS(PAT)-2009-1-80

GAYATRI DEVI Vs. STATE OF BIHAR THROUGH THE SECRETARY, RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

Decided On January 23, 2009
GAYATRI DEVI Appellant
V/S
State Of Bihar Through The Secretary, Rural Development Department, Government Of Bihar, Patna Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioners, learned counsel for the State -respondents and learned counsels for the appearing respondents.

(2.) THE petitioner seeks quashing of the notice dated 29.7.2008 by which the special meeting of the Panchayat Samiti was convened for consideration of resolution of no confidence motion against the petitioner and also to declare the resolution passed in the meeting dated 6.8.2008 pursuant to the said notice as illegal and void ab initio. Learned counsel for the petitioners has raised three issues in support of his case. However, it is submitted by learned counsels for the appearing private respondents that they do not intend to oppose the writ petition and would be satisfied if permitted to proceed afresh in the matter.

(3.) IN the aforesaid view of the matter, the writ petition is allowed and the impugned notice dated 29.7.2008 and the resolution of no confidence passed in the special meeting held on 6.8.2008 are both quashed as also the requisition on the basis of which the proceedings were initiated.