IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2147 of 2009 Rabindra Pandey, son of Sri. Shobhit Pandey, resident of Village-Rasiyari, P.S.-Ghanshyampur, District-Darbhanga, at present Pramukh, Kiratpur Block, Panchayat Samiti, District-Darbhanga. ………Petitioner Versus 1. The State Of Bihar through the Secretary, Panchayati Raj, Government of Bihar, Patna. 2. The District Magistrate, Darbhanga. 3. The Sub-Divisional Officer, Biraul, District-Darbhanga. 4. The Block Development Officer-cum-Circle Officer-Cum-Executive Officer, Panchayat Samiti, Kiratpur, Block Kiratpur, District- Darbhanga. 5. Laleshwar Pandey, S/O- Shri. Bauku Pandey, resident of village- Rasiyari, P.S.-Ghanshyampur, District-Darbhanga, presently member, Panchayat Samiti, Rasiari-Pauni, Gram Panchayat Raj, P.S.- Ghaushyarpur District-Darbhanga. 6. Budhan Sada S/o-Shri. Faujdar Sada, resident of village-Kalyana, P.S.- Jamalpur, District-Darbhanga, presently member, Panchayat Samiti, Kiratpur, Gram Panchayat Raj, P.S.-Jamalpur, District-Darbhanga. 7. Haphoj Jamil Akhtar S/o-Late Mustafa Shah, resident of village- Jhagrua, P.S.-Jamalpur, District-Darbhanga, presently Member, Panchayat Samiti, Jhagarua, Gram Panchayat Raj, P.S.-Jamalpur, District-Darbhanga. 8. Siyo Devi W/o-Rameshwar Pandit, resident of village-Sirniyan , P.S.- Jamalpur, District-Darbhanga, presently Member, Panchayat Samiti, Jhagarua-Takharha Gram Panchayat Raj, P.S.-Jamalpur, District- Darbhanga. 9. Anita Devi W/o-Ranjit Yadav, resident of Village-Kuwaul, P.S.- Jamalpur, District-Darbhanga, presently Member, Panchayat Samiti, Kuwaul-Danga Gram Panchayat Raj, P.S.-Jamalpur, District- Darbhanga. 10. Amola Devi W/o- Ramu Ram, resident of village-Narkatiya, P.S.- Jamalpur, District-Darbhanga, presently Member, Panchayat Samitti, Narkatiya-Bhandariya Gram Panchayat Raj, P.S.-Jamalpur, District- Darbhanga. 11. Domani Devi W/o-Bhahmdeo Sahni, resident of Village-Jamalpur, P.S.-Jamalpur, District-Darbhanga, presently Member, Panchayat Samiti, Jamalpur Gram Panchayat Raj, P.S.-Jamalpur, District- Darbhanga. 12. Anwar Ali Khan S/o-Late Asgar Ali Khan, resident of village- Jamalpur, P.S.-Jamalpur, District-Darbhanga, presently Member, Panchayat Samitti, Jamalpur Gram Panchayat Raj, P.S.-Jamalpur, District-Darbhanga. 13. Amrika Devi W/o-Gauri Kant Ram, resident of village-Ramkhetriya, P.S.-Jamalpur, District-Darbhanga, presently Member, Panchayat - 2 - Samitti, Khainsha-Jamalpur Gram Panchayat Raj, P.S.-Jamalpur, District-Darbhanga. ……….Respondents ----------- 02. 12.02.2009 Petitioner is a Pramukh of Kiratpur Panchayat Samiti for which an election came to be held sometime in the year 2006. He has approached the High Court challenging the special meeting which has been ordered to be convened by the Block Development Officer of the said Panchayat vide letter No. 7 dated 09.02.2009 which is Annexure-4 to the writ application. He wants quashing of this letter on the ground that the same is not in conformity with the law in this regard and reliance is placed on a provision contained in Section 46(4) of the Bihar Panchayat Raj Act, 2006. He submits that no clear 7 days notice has been given and clear 7 days means exclusion of the date of the notice. Other submission is that the notice does not indicate or contain list of charges which forms the basis for such a special meeting in this regards. He relies on a decision rendered in the case of Radhe Raman Versus The State of Bihar and others reported in 2008(4) P.L.J.R. 121. Prima facie the contention of the petitioner seems to be correct in this regard. Annexure 4 is quashed with liberty to the Block Development Officer that he may - 3 - issue a fresh notice convening special meeting by giving 7 clear days time and will ensure that the list of charges and the basis for which no confidence is being brought is circulated amongst members for consideration. The writ is allowed with the above direction. Shageer (Ajay Kumar Tripathi, J)