IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17967 of 2008 SRI JAG NARAYAN SINGH, son of late Ram Pukar Singh, resident of village & P.O. Kachnar, P.S. Siswan, District Siwan---petitioner Versus 1.THE STATE OF BIHAR through the Secretary, Panchyati Raj Department, New Secretariat, Patna 2.The Secretary, Panchyati Ram Department, New Secretariat, Patna 3.The Director, Panchyati Raj Department, New Secretariat, Patna 4.The District Magistrate, Siwan 5.The Block Development Officer, Siswan, District Siwan 6.The Block Development Officer-cum-Executive Officer, Panchyat Samiti, Siswan, Siwan 7.The Uppramukh, siswan Panchayat Samiti, P.S. Siswan,Dist.Siwan 8.The Panchayat Samiti, Siswan Block, Siswan, P.S. Siswan, Dist. Siwan 9.Mohammad Ayub, son of Sahadat Khan, resident of village Gyaspur, P.S. Siswan, Dist. Siwan 10.Surendra Yadav, son of late Chandrika Yadav, resident of village Rampur, P.S. Siswan, District Siwan 11.Wazir Ahmad, son of Jan Mohammad, resident of Nizampur, P.S. M.H. Nagar, Hasanpura, Dist. Siwan 12.Shiv Kumari, W/0 Dr. Bisheshwar Prasad, resident of Mauza Bawandih, P.S. O.P. Chainpur, District Siwan 13.Manorama Devi, W/o Sudhakar Tiwari, resident of Gharghat, P.S. Siswan, District Siwan 14.Radha Kishun Yadav, son of late Devnarayan Yadav, resident of Jagdishpur, P.S. O.P.Chainpur, District Siwan 15.Nirmala Devi, W/o Purusottam Singh, resident of Gangpur Siswan, P.S. Siswan, District Siwan 16.Sharda Devi, W/o Bhola Prasad, resident of Bhadaur, P.S. O.P. Chainpur, District Siwan 17.Rubi Devi, W/o Tuntun Singh, resident of Saraut, P.S. Siswan, District Siwan 18.Mantu Devi, W/o Manoj Tiwari, resident of Mubarkpur, P.O. Chainpur, P.S. O.P. Chainpur, District Siwan 19.Babu Nand Roy, son of Ram Avtar Roy, resident of Baghauna, P.S. Siswan, District Siwan 20.Prabhati Devi, W/o Raman Singh, resident of Anirakhapur, P.S. Siswan, District Siwan 21.Suganti Devi, W/o Prabhunath Singh, resident of Madhopur, P.S. Siswan, District Siwan 22.Jawahar Bhagat, son of Indrasan Bhagat, resident of Chandpur, P.S. Siswan, District Siwan 23.Urmila Devi, W/o Yogendra Ram, resident of Mubarakpur, P.S. O.P. Chainpur, District Siwan 24.Kanhaiya Singh, son of late Satnarayan Singh, resident of Mahanagar, P.S. Siswan, District Siwan 25.Dwarika Ram, son of Tapeshwar Ram, resident of Siswan Kala, P.S. M.H. Nagar, District Siwan 26.Muni Devi, W/o Sri Satyendra Singh, resident of Bhaisawara, P.S. Siwan, District Siwan 2 27.Banwari Singh, son of Ramf Sarikh Singh, resident of Kachnr, P.S. Siswan, District Siwan----------------------------respondents ----------- For the petitioner :M/S Chittranjan Sinha, Sr.Advocate Sanjeet Kumar,Advocate For the respondent nos. 12, 13, 18 & 20 :M/S Rajeev Kumar Verma,Sr.Advocate K.N.Sahay, Advocate For the respondent nos. 14, 16, 17& 19 :Mr.Ratnesh Kr. Singh, Advocate For the respondent nos. 9, 10, 11, 21-29 :M/S Shashi Anugrah Prasad,Sr.Advocate Ranjeet Kumar, Dilip Kumar, Dhir Dyuti Kumar Verma,Advocates For the State :Mr.S.B.Kumar, S.C. 16 ------ 5. 27.1.2009 Mr. Ratnesh Kumar Singh, Advocate, files vakalatnama for respondent nos. 14, 16, 17 & 19. Let the same be kept on the record. Heard learned counsel for the parties. The petitioner has come to this Court for quashing the notice dated 8.12.2008 (Annexure-1) by which the special meeting had been fixed on 15.12.2008 for considering the No Confidence Motion against him as the Pramukh of the Siswan Panchayat Samiti, District Siwan. The only contention raised before this Court is that the notice is violative of the mandatory provisions of Section 46(4) of the Bihar Panchayat Raj Act, 2006, since no clear seven days notice has been provided therein. Learned counsel for the respondents do not oppose the said stand in view of the law having been settled by this Court in a large number of 3 cases. However, learned counsel for the petitioner and some of the respondents supporting him state that they have serious apprehension at the hands of the husband of the Up-Pramukh of the Siswan Panchayat Samiti, who according to them, is a noted criminal of the area. In the above circumstances, the writ application is allowed and the notice dated 8.12.2008 is quashed. It would be open to the Up-Pramukh or 1/3rd of the directly elected members to fix another date of special meeting and direct the Executive Officer of the Panchayat Samiti to issue notice accordingly. So far as apprehension of the petitioner and some of the respondents is concerned, it is open to them to approach the District Magistrate in the matter, who has sufficient authority under the Act to take adequate steps to ensure that a free and fair meeting is held. (Ramesh Kumar Datta,J.) spal/