IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1668 of 2009 RAMESH PRASAD, son of Siya Ram Yadav, Resident of village South Bhawanipur, P.S. and Anchal-Pratapganj, District- Supaul at present Member, South Bhawanipur Gram Panchayat, Pratapganj Prakhand Panchyat Samiti Nirwachan Kshetra, No.5, Prakhand + PS Pratapganj, District Supaul- ------------------------------ Petitioner. Versus 1. THE STATE OF BIHAR 2. The Bihar State Election commission, Patna, Through its Chief Election Commissioner, Patna. 3. The Secretary, Bihar State Election Commission, Patna 4. The District Election Officer-cum- District Magistrate, Supaul, 5. The B.D.O.-cum-Executive Officer, Pratapganj Block,District Supaul. 6. Bhup Narain Yadav, the co-called Pramukh, Pratapganj Prakhand Panchayat Samiti, District Supaul. 7. Hari Narain Bhindwar, the so-called Up- Pramukh, PratapganjPrakhand Panchayat Samiti, distt.Supaul. 8. Smt. Asha Devi, Member, North Bhawanipur Gram Panchayat Samiti Pratapganj Prakhand Panchayat Samiti Nirwachan Kshetra, No.3, Prakhand + PS Pratapganj 9. Jai Narain Kamait, Member, Govindpur Gram Panchayat Samiti, Pratapganj Prakhand Panchayat Samiti Nirwachan Kshetra No.2, Prakhand & P.S. Pratapganj, District Supaul. 10. Gaurab Kumar, Member, South Bhawanipur Gram Panchayat Samiti, Pratapganj Prakhand Panchayat Samiti Nirwachan Kshetra No.4, Prakhand & P.S. Pratapganj, District Supaul. 11. Smt. Karuna Devi, Member, North Chilouni Gram Panchayat, Nirwachan Kshetra No.6, Prakhand & P.S. Pratapganj, District Supaul. 12. Smt. Sonia Devi, Member, South Chilouni Gram Panchayat Samiti, Nirwachan Kshetra No.8, Prakhand and P.S. Pratapganj, Distt. Supaul. 13. Smt. Sushila Devi, Member, Tekuna Gram Panchayat Samiti, Nirwachan Kshetra No.10, Prakhand & P.S. Pratapganj, Distt. Supaul. 14. Asharfi Sada, Member, Suryapur Gram Panchayat Samiti, Nirwachan Kshetra No.11, Prakhand & P.S. Pratapganj, District Supaul. 15. Smt. Asha Devi, Member, Sukha Nagar Gram Panchayat Samiti, Nirwachan - 2 - Kshetra No.00, Prakhand & P.S. Pratapanj, Distt. Supaul 16. Smt. Shila Devi, Member, Sripur Gram Panchayat Samiti, Nirwachan Kshetra No.1, Prakhand & P.S. Pratapganj, Distt. Supaul ----------- ------------ Respondents 2. 3.2.2009 Heard learned counsel for the petitioner, learned counsel for the State and also learned counsel for the State Election Commission. On going through the contents of letter of the District Magistrate, Supaul, dated 22.1.2009 (Annexure-7) and after hearing the parties, it is found that in the specially convened No Confidence Meeting held on 6.1.2009, out of twelve total elected members only six had voted for the motion. According to the learned counsel for the petitioner, since only ten elected members were present, hence, No Confidence Motion should have been treated as successfully passed. On going through the relevant provision of Sub-section (3) of Section 44 of the Bihar Panchayat Raj Act, 2006, it is found that a No Confidence Motion in order to succeed must be supported by the majority of the total number of elected members. In the present case, the majority of total number of elected members required seven votes in favour of the motion by the elected members. Since the motion was not supported by the majority of the elected members, as required under Sub-section (3) of Section 44 of the Bihar Panchayat Raj Act, 2006, the petitioner cannot be granted any relief and it is not possible to accept that No Confidence - 3 - Motition was successfully passed. The writ petition is, therefore, dismissed. sudip ( Shiva Kirti Singh,J )