MADHESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner had come to this Court challenging the conduct and the actions taken by the Collector -cum -District Magistrate, Arwal in the present case which was not only against the statutory provisions which he was supposed to hold but destruction of the very concept of grass root democracy and Local Self Government. This matter relates to Zila Parishad, Arwal. Once the Zila Parishad is constituted by elections of the Chairman and the Vice -Chairman, in middle of the term, they can be removed only by a vote of no confidence. This is governed by Section 70 of the Bihar Panchayat Raj Act, 2006 . A plain reading thereof, would show that any conflict or confusion that the Adhyaksha or Upadhyaksha shall be deemed to be evicted from office if they have failed in the special meeting called for the said purpose. How this meeting is called for is very clearly and unambiguously stated therein. It clearly states that not less than 1/5th of total number of directly elected members shall requisition such a special meeting and file such a requisition to the Adhyaksha with a copy to the District Magistrate, the Adhyaksha shall within 7 days of the receipt of such requisition convene the special meeting which meeting shall not be held later than 15 days from the issuance of notice in this regards. The meeting would be presided by the Adhyaksha or in his absence Upadhyaksha or in absence of both, the District Magistrate. If the Adhyaksha does not convene a meeting within the period so prescribed, it is stipulated that the District Magistrate shall convene the meeting in the same manner and the meeting shall be presided by him. It is further specifically provided that no such meeting shall be postponed once the notice for the same has been issued. Sub -section (iv) of Section 70(4) provides that the reason/ charges on the basis of which no confidence shall be moved shall be clearly mentioned in the notice of the meeting called to consider the no confidence motion. I have extensively quoted from the provisions only because in every letter of the word of the provision the Collector has seen to it that the law is violated. This could only because of two reasons either the Collector lacks the competence/ administrative capability or the Collector in a concluded deliberate manner is hand in glove with the elected member and wants to ensure that no meeting for consideration of no confidence is taken out. This is clear from the facts that will be noted hereunder.

(2.) IT will be mentioned that the Collector has filed a counter affidavit on request of the Court. The Chief Secretary filed another counter affidavit only for the purposes of record otherwise it serves no purpose. Respondent No. 7, Adhyaksha has filed a counter affidavit.

(3.) I am left with no option but to hold that the order of the Collector recalling the order fixing 26.10.2009 as the date for special meeting is set aside but as the date has crossed, I direct that within one week from today the Collector shall convene a special meeting of the Arwal Zila Parishad. The notice convening the meeting shall contain true copy of the detail of the requisition for such a meeting, as sent by the petitioner. The Adhyaksha would ensure that the meeting would be duly held and the Collector -cum - District Magistrate would preside over the said meeting, which would be held on 25th November, 2009.