IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11722 of 2009 VAVITA DEVI Versus THE STATE OF BIHAR & ORS ----------- 2 8.9.2009 Heard learned counsel for the parties. Notice dated 31.8.2009 issued by the Block Development Officer-cum-Executive Officer, Jhajha for convening special meeting for holding the vote of no confidence is under challenge in the present writ application. Submission of learned counsel for the petitioner is that on identical and same set of charges an earlier meeting came to be defeated a year ago. Now for the identical reason and allegation second meeting has been called which ought not to be permitted to be held because once the same set of charges had failed in the last meeting of vote of no confidence the members cannot be permitted to bring yet another motion of no confidence for the same set of charges. The contention of the petitioner is not supported by any law. It is not like the proceeding of departmental enquiry where second enquiry can not be held for the same set of charges if the employee is exonerated in the first enquiry. If the allegations are there which is evident from the notice, in question, then the same will have to be tested at the floor of the house so that the faith and trust of the members in their leader they could know still continues to be there. The petitioner will be well advised to face the vote of no confidence motion at the floor of the house brought - 2 - against her. No case of stay or interference of the notice is made out. This writ application is dismissed. RPS (Ajay Kumar Tripathi,J.)