IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 2838 of 2010 Tadaknath Tiwary, son of late Gurudatta Tiwary, resident of Village – Bakharpur, P S – Pirpainti, District – Bhagalpur - Petitioner Versus 1 The State of Bihar 2 Principal Secretary, Panchayati Raj, Government of Bihar, Patna 3 Director, Panchayati Raj, Government of Bihar, Patna 4 Commissioner, Bhagalpur Division, Bhagalpur 5 District Magistrate, Bhagalpur 6 District Panchayati Raj Officer, Bhagalpur 7 Block Development Officer, Pirpainti, Bhagalpur 8 Incharge, Gram Panchayat Supervisor, Bakharpur, Pirpainti (Bhagalpur) 9 Rambachan Mandal, Mukhiya, Gram Panchayat, Bakharpur East, Block – Pirpainti, Bhagalpur 10 Dhaneshwar Mandal, Up Mukhiya, Gram Panchayat, Bakharpur East, Block – Pirpainti, Bhagalpur 11 Panchayat Secretary, Gram Panchayat, Bakharpur East, Block – Pirpainti, Bhagalpur - Respondents ----------- 2 12.05.2010 The petitioner claims to be a member of Bakharpur East Gram Panchayat in Pirpainty Block of Bhagalpur. By this writ aplacation, he has sought for a direction to the Mukhiya of the said Gram Panchayat to convene a special meeting of the Gram Panchayat to consider no confidence motion against the Up Mukhiya which the Mukhiya is avoiding on one pretext or the other. In respect of the assertions, the petitioner has annexed copies of various requisitions, resolutions and enquiry report to show how, in a pre-planned manner, the Mukhiya is avoiding convening such a meeting. Having considered the matter, in my view, nothing stops the petitioner and other members of the Gram Panchayat to bring about a fresh requisition in accordance with law for consideration of no confidence motion against the Up Mukhiya. If such a requisition is made then, as mandated by Section 18 (4) of the Bihar Panchayat Raj Act, it 2 shall be the duty of the Mukhiya to give notice for a special meeting to consider the no confidence motion against the Up Mukhiya within seven days and hold the meeting within fifteen days. That is the statutory provision as also command of this Court. The meeting, so convened, would not be adjourned. The Block Development Officer of Pirpainty Block would be an observer in the said meeting in order to ensure that law and order is maintained. If upon such a requisition in accordance with law, Mukhiya fails to convene a meeting, he would be violating the mandate of law as also the direction issued by this Court which shall be taken up by this Court upon any complaint made to it at a later date. With these observations and directions, the writ petition is disposed of. M.E.H./ (Navaniti Prasad Singh)