IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2684 of 2009 QAMRUL HODA Versus THE STATE OF BIHAR & ORS ----------- 2. 27.2.2009 Heard learned counsel for the petitioner and the counsel for the State. In this writ application the notice dated 24.2.2009 convening special meeting for considering a no confidence motion against the Pramukh and Up-pramukh of Kishanganj Prakhand Panchayat Samiti has been assailed by the petitioner, Pramukh himself, on the ground that the notice is in violation of the provisions of section 46(4) of the Bihar Gram Panchayat Act. He would further expand his submission that a clear seven days notice being the mandatory requirement of the aforesaid provision of law, was not complied while issuing the impugned notice, inasmuch as the notice was issued on 24.2.2009 fixing the date of meeting for considering no confidence on 3.3.2009. Though counsel for the State wanted to defend the impugned notice by taking a plea a gap of seven days was there but 2 taking into consideration the law settled on this point would ultimately concede that the impugned notice cannot be sustained. This Court in fact would find that in absence of seven clear days notice the mandate of section 46(4) of the Act was clearly violated by the Executive Officer of the Panchayat Samiti and accordingly, the impugned notice is hereby quashed. Since such meeting is to be convened only with the approval of the Pramukh, the petitioner in the present case, this Court would direct convening of such meeting by the Executive Officer on 16th of March, 2009 and for this purpose as the petitioner through his counsel has given consent for holding such meeting, the Executive Officer shall issue notice positively by 5th of March, 2009 enclosing the charges on which such no confidence motion has to be taken and considered. The Executive Officer will take all possible steps for service of notice on all the members of the Panchayat Samiti and for this purpose apart from giving personal notice to them he will ensure wide circulation of the 3 notice at prominent places within the jurisdiction of Panchayat Samiti including on the notice board of the office of Panchayat Samiti/Gram Panchayat. With the aforementioned observation/direction, this application is disposed of. Let a copy of this order be handed over to SC-13, the learned counsel for the State. (Mihir Kumar Jha,J.) Surendra/