IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17909 of 2008 RAVINDRA SINGH, SON OF SRI SITA RAM SINGH, RESIDENT OF VILL. KANAI, P.S. CHARPOKHARI, DISTRICT BHOJPUR (ARA). Versus 1. THE STATE OF BIHAR 2. THE SUB-DIVISIONAL OFFICER, PIRO, BHOJPUR (ARA). 3. THE BLOCK DEVELOPMENT OFFICER, CHARPOKHARI, BHOJPUR. 4. THE PANCHAYAT SAMITI, CHARPOKHARI, BHOJPUR (ARA). For the petitioner : Mr. Mithilesh Kr. Roy, Advocate. For the State : M/s. Namrata Mishra, Ratnakar Jha, Advocates. For private respondents. : M/s Madanjeet Kumar, Ratan Kumar, Advocates. ----------- 05. 02.02.2011 Heard learned counsel for the petitioner, the State and the counsel for the respondents. 2. Petitioner is aggrieved by the resolution of the special meeting of the Panchayat Samiti, Charpokhari in the district of Bhojpur at Ara dated 11.11.2008, Annexure-3, whereunder he has been removed from the office of the Pramukh of the Panchayat Samiti. It is submitted on his behalf that special meeting dated 11.11.2008 was called on the instruction of the Sub-Divisional Officer, Piro, which is evident from the notice bearing no.582 dated 29.10.2008, Annexure-E to the counter affidavit filed on behalf of respondent nos.2 and 3. 3. It is submitted on behalf of the petitioner that conduction of the special meeting at the instance of Sub-Divisional Officer, Piro is wholly violative of Sub-Section-(3) of Section 44 of the Bihar Panchayat Raj Act, 2006 as thereunder special meeting is to be convened by the Pramukh, Up-Pramukh or 1/3rd of the elected members of the Panchayat Samiti. In terms of the provisions of the Bihar Panchayat Raj Act, the Sub-Divisional Officer has no role in fixing the special meeting of the Panchayat Samiti. - 2 - 4. Counsel for the State and the elected members of the Panchayat Samiti accept the aforesaid position, but it is submitted by them that petitioner was feigning illness and was not inclined to convene the special meeting to consider the no-confidence motion against himself and the Up-Pramukh of the Panchayat Samiti and the matter was referred to the Sub-Divisional Officer. It is, however, submitted that counter affidavit filed on behalf of the private respondents in the matter be treated as a requisition for special meeting and petitioner should inform this Court the date on which he is proposing to convene the special meeting. 5. In reply counsel for the petitioner submitted that within 15 days of the receipt of this order or in any case by 28.2.2011 he shall fix the date for holding the special meeting of the Panchayat Samiti to consider the no-confidence motion against himself and the Up-Pramukh of the Panchayat Samiti. 6. In view of the submissions made by the counsel for the parties, this writ petition is disposed of setting aside the resolution of the special meeting dated 11.11.2008, Annexure-3 with direction to the petitioner to convene the meeting of the Panchayat Samiti on or before 28.2.2011 to consider the requisition for no-confidence motion against the petitioner and the Up-Pramukh. Rajesh/ (V.N. Sinha, J.)