IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15366 of 2010 Arun Kumar Singh, S/o Late Bimal Kumar Singh, R/o Village- Mokhtarpur, P.O + P.S.-Mahnar, District-Vaishali. ……..Petitioner. Versus 1. The State Of Bihar. 2. The District Magistrate, Vaishali at Hajipur. 3. The District Panchayat Raj Officer, Vaishali at Hajipur. 4. The Block Development -Cum-Executive Officer, Block-Mahnar, District- Vaishali at Hajipur. 5. The State Election Commission, represented through its Secretary, State Election Commission, Bihar, Sone Bhawan, 3rd Veer Chand Patel Path, Patna-800001. 6. Shri Ashok Kumar Verma, Up-Pramukh, S/o-not known to this petitioner, R/o Village + P.O.-Jaujgaon, Block-Mahnar, District- Vaishali at Hajipur. 7. Shri Suresh Chandra Rai, S/o-not known to this petitioner, R/o Village – Sangrampur, P.O.-Karnauthi, P.S.-, Block-Mahnar, District- Vaishali, Hajipur. 8. Shri Ram Lagan Ram, S/o-not known to this petitioner, R/o Village + P.O.-Karnauthi, P.S.-Mahnar, Block-Mahnar, District- Vaishali, Hajipur. 9. Shri Ram Swarath Sah, S/o-not known to this petitioner, R/o Village + P.O.- Sarmastpur, P.S.-Mahnar, Block-Mahnar, District- Vaishali, Hajipur. 10. Shri Arun Kumar Rai, S/o-not known to this petitioner, R/o Village + P.O.- Dedhpura, P.S.-Mahnar, Block-Mahnar, District- Vaishali , Hajipur. 11. Shri Kusheshwar Paswan, S/o-not known to this petitioner, R/o Village + P.O.-Basudeopur Chandel, P.S.-Mahnar, Block-Mahnar, District- Vaishali, Hajipur. 12. Shri Raj Kumar Mahto, S/o-not known to this petitioner, R/o Village + P.O.-Hasanpur North, Chandel, P.S.-Mahnar, Block-Mahnar, District- Vaishali, Hajipur 13. Shri Arvind Kumar Singh, S/o-not known to this petitioner, R/o Village + P.O.-Hasanpur , P.S.-Mahnar, Block-Mahnar, District- Vaishali, Hajipur. 14. Shri Braj Kishore Rai, S/o-not known to this petitioner, R/o Village + P.O.-Hasanpur, P.S.-Mahnar, Block-Mahnar, District- Vaishali , Hajipur. 15. Smt. Reeta Devi, W/o-not known to this petitioner, R/o Village – Darapur, P.O.-Chamarhara,, P.S.-Mahnar, Block-Mahnar, District- Vaishali, Hajipur. 16. Smt. Manjula Devi, W/o-not known to this petitioner, R/o Village- Thanpur, P.O.-Parmanandpur, P.S.-Mahnar, Block-Mahnar, District- Vaishali,Hajipur. 17. Smt. Ghana Devi, W/o-not known to this petitioner, R/o Village-Paharpur, P.O.-Vishnupur, P.S.-Mahnar, Block-Mahnar, District- Vaishali, Hajipur. 18. Smt. Meena Devi, W/o-not known to this petitioner, R/o Village+ P.O.- Lawapur Narayan, P.S.-Mahnar, Block-Mahnar, District- Vaishali, Hajipur. 19. Smt. Poonam Devi, W/o-not known to this petitioner, R/o Village- Majlishpur, P.O.- Alipurhatta, P.S.-Mahnar, Block-Mahnar, District- Vaishali, Hajipur. 20. Smt. Ranjana Devi, W/o-not known to this petitioner, R/o Village- Lawapur Mahnar, P.O.-Mahnar, P.S.-Mahnar, Block-Mahnar, District- Vaishali, Hajipur. 21. Smt. Rekha Devi, W/o-not known to this petitioner, R/o Village- Rupasipur, P.O.-Hargovindpur, P.S.-Mahnar, Block-Mahnar, District- Vaishali, Hajipur. 22. Smt. Lakshmi Devi, W/o-not known to this petitioner, R/o Village- Gorigama, P.O.-Chamarhara, P.S.-Mahnar, Block-Mahnar, District- Vaishali, Hajipur. …..Respondents. ----------- 4. 09.11.2010 1. Heard learned counsel for the petitioner and learned counsel for the State of Bihar and its authorities as well as the contesting respondent nos. 6, 8, 13, 15, 16, 18, 19, 20, 21 and 22. 2. The aforesaid appearing private respondents are those Members of the Panchayat Samiti, Mahnar, who had voted against the petitioner. On the other hand, private respondent nos. 7, 9, 10, 11,12, 14 and 17 had voted in favour of petitioner in the No Confidence Motion and hence, they are not necessary to be heard in view of the nature of the order, which this court is going to pass. 3. This writ petition has been filed by the petitioner, who was the Pramukh of Mahnar Panchayat Samiti challenging the requisition of No Confidence Motion dated 25.08.2010 (Annexure- 1) submitted by the Members of the Panchayat Samiti, Mahnar as well as the notice dated 10.09.2010 (Annexure-3A) issued by the Executive Officer for holding No Confidence Motion. By subsequent interlocutory application, the petitioner has also challenged the Special Meeting of No Confidence Motion held on 17.09.2010(Annexure-A). 4. The point raised by learned counsel for the petitioner is that no clear seven days time was granted vide notice dated 10.09.2010 fixing the date of Special Meeting for considering No Confidence Motion on 17.09.2010. Learned counsel for the petitioner further submits that the said notice was against the ambit of the provision of Section 44 (3)(1) as well as Section 46(4) of the Bihar Panchayat Raj Act, 2006. On the other hand, learned counsel for the respondents initially contested the matter, but subsequently agreed that the provisions of law had been violated in the notice. 5. Considering the aforesaid facts and circumstances as well as the aforesaid provisions of law, it is quite apparent that impugned notice for holding No Confidence Motion which was sent to the members of the Mahnar Panchayat Samiti was against the provisions of law. Accordingly, the said notice as well as the consequential proceeding of the No Confidence Motion dated 17.09.2010 are hereby quashed and this writ petition is allowed. 6. The Executive Officer of the Mahnar Panchayat Samiti is directed to immediately issue notice for Special Meeting of No Confidence Motion in view of the requisition dated 25.08.2010 already sent by the Members of the Panchayat Samiti. It may be noted that all the requirements of law for such notice must be followed. Sujit (S.N.Hussain,J.)