SRI JAG NARAYAN SINGH Vs. STATE OF BIHAR, THROUGH THE SECRETARY, PANCHAYATI RAJ DEPARTMENT, NEW SECRETARIAT, PATNA

JUDGEMENT

(1.) MR . Ratnesh Kumar Singh, Advocate, files vakalatnama for respondent nos. 14, 16, 17 & 19. Let the same be kept on the record.

(2.) HEARD learned counsel for the parties. The petitioner has come to this Court for quashing the notice dated 8.12.2008 (Annexure -1) by which the special meeting had been fixed on 15.12.2008 for considering the No Confidence Motion against him as the Pramukh of the Siswan Panchayat Samiti, District Siwan. The only contention raised before this Court is that the notice is violative of the mandatory provisions of Section 46(4) of the Bihar Panchayat Raj Act, 2006 , since no clear seven days notice has been provided therein.

(3.) LEARNED counsel for the respondents do not oppose the said stand in view of the law having been settled by this Court in a large number of cases. However, learned counsel for the petitioner and some of the respondents supporting him state that they have serious apprehension at the hands of the husband of the Up -Pramukh of the Siswan Panchayat Samiti, who according to them, is a noted criminal of the area.