IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14805 of 2010 Moni Gupta wife of Sri Dheeraj Kumar, resident of village-Runni Saidpur, P.S.Runni Saidpur, District-Sitamarhi. …… Petitioner. Versus 1. The State of Bihar through the Secretary, Rural Development Department, Government of Bihar, Patna. 2. State Election Commission, Sone Bhawan, Bir Chand Patel Path, Bihar, Patna through its Chief Commissioner. 3. The Director, Panchayati Raj, Bihar, Patna. 4. The District Magistrate, Sitamarhi. 5. Block Development Officer cum-Executive Officer, Runni Saidpur, District-Sitamarhi. 6. Geeta Devi wife of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 7. Priyanka Mishra wife of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 8. Yugal Kishore Sah son of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 9. Ram Krishna Jha son of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 10.Yog Narayan Sah son of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 11. Sarswati Devi son of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 12. Ram Udar Rai son of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 13. Kamal Sah son of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 14. Baiju Sah son of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 15. Satish Kumar Shahi son of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 16. Mumtaj Ahmad son of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 17. Urmila Devi wife of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. - 2 - 18. Mahesh Thakur son of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 19. Ramchandra Pandit son of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 20. Vishwanath Mahto son of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 21. Kishore Devi wife of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 22. Nitu Devi wife of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 23. Satya Prakash son of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 24. Tara Devi wife of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 25. Kamini Singh wife of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 26.Rani Devi wife of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 27. Imtiyaz Kasmi wife of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 28. Ganga Choudhary son of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 29. Indra Devi wife of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 30. Gyani Sah wife of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 31. Rozy Kumari wife of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 32. Malti Devi wife of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 33. Sushil Kumar son of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 34. Babita Devi wife of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. - 3 - 35.Suman Devi wife of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 36. Bharti Devi wife of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 37. Nilam Rai wife of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 38. Prem Lal Yadav son of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 39. Archana Devi wife of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 40. Tabassum Khatoon wife of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 41. Sita Devi wife of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 42. Ram Praesh Manjha son of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 43. Shivji Thakur son of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 44. Manju Devi wife of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 45. Rukmini Devi wife of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 46. Shiya Lal Baitha son of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 47. Vijay Sahni son of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 48. Jaikal Devi wife of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. 49. Kali Rajak son of not known, Member of Runni Saidpur Panchayat Samiti, resident of Runni Saidpur, Block-Runni Saidpur, P.S. Runni Saidpur, District-Sitamarhi. …. Respondents. -------- For the petitioner : Mr. Y.V.Giri, Senior Advocate. Mr. Raju Giri, Advocate. For respondents-State: G.P.V. - 4 - For State Election Commission: Mr. Sanjeev Nikesh, Advocate. For respondent nos.6, 7, 8, 9, 10, 11 : Mr. S.B.K.Mangalam, Advocate. 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 32, 36, 40, 41, 43, 46, 47 and 48. ---------- 03/ 15.11.2010 Heard learned counsel for the petitioner as well as learned counsel for the State of Bihar and its authorities and learned counsel for the State Election Commission and also for respondent nos.,6, 7, 8, 9, 10, 11, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 32, 36, 40, 41, 43, 46, 47 and 48, who claim to be the requisitionists. 2. This writ petition has been filed challenging notice contained in letter dated 31.08.2010 (Annexure-4) issued by the Executive Officer, Runnisaidpur Panchayat Samiti by which date of special meeting for holding no confidence motion against the petitioner (Pramukh of the Samiti) had been fixed on 08.09.2010. It is further stated that on 07.09.2010 the aforesaid special meeting for holding no confidence motion against the petitioner had been stayed by this court. 3. Learned counsel for the aforesaid contesting respondents submits that he has got no objection if the aforesaid prayer of the petitioner is allowed provided an opportunity is given to the members for filing a fresh requisition on the basis of which notice may be issued by the Executive Officer for holding a fresh no confidence motion. 4. Considering the facts and circumstances of the case - 5 - as well as the submissions of learned counsel for the parties, the impugned notice dated 31.08.2010 (Annexure-4) is hereby quashed and this writ petition is allowed with a liberty to the members of the said Panchayat Samiti to file a fresh requisition in accordance with law before the petitioner, who will pass orders in accordance with law and if the petitioner fails to perform the duties in accordance with law, the requisitionists and the Executive Officer will be entitled to take recourse to the specific provisions of law in that matter. Sunil (S. N. Hussain, J.)