IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.4317 of 2010 Kumari Sanju Sinha, W/o Sri Shashi Ranjan, R/o Village- Bhadaul, P.S.-Hilsa, District- Nalanda. ……….. Petitioner Versus 1. The State of Bihar. 2. Mr. Sanjay Agarwal, the District Magistrate, Nalanda at Bihar Sharif. 3. Mr. Vijay Kumar, the Block Development Officer-cum-Executive Officer, Hilsa Block, District-Nalanda. .4. Arun Kumar Chaudhary, Up-Pramukh of Panchayat Samiti, Hilsa, District-Nalanda. 5. Bharti Kumari, name of the husband not known to the petitioner. 6. Birju Prasad, name of father not known to the petitioner. 7. Abhay Kumar, name of father not known to the petitioner 8. Aruna Devi, Wife of Sri Siyasharan Paswan. 9. Munna Kumar, name of father not known to the petitioner. 10. Manju Singh, name of husband not know to the petitioner. 11. Manoj Paswan, name of father not known to the petitioner. 12.. Devanti Devi, name of husband not known to the petitioner. 13. Baleshwar Prasad, name of father not known to the petitioner 14. Shiv Kumari Devi, Name of husband not known to the petitioner. 15. Sanju Devi, name of husband not known to the petitioner. All the members of Panchayat Samiti, Hilsa, District- Nalanda. ………. Opposite parties. For the petitioner : Mr. Alok Kumar No. 1, Advocate. Mr. Bhola Kumar, Advocate. For the State : Mr. Rabindra Kumar Choubey, S.C.8. Mr. Sanjeev Kumar Mishra A.C. to S.C.8. ---------- 07/ 23.03.2011 Heard learned counsel for the petitioner and learned counsel for the opposite parties. 2. Mr. Vijay Kumar, the Block Development Officer- cum- Executive Officer, Hilsa, District-Nalanda is personally present in court. 3. This petition has been filed by the petitioner for initiating a proceeding of contempt against the opposite parties for disobeying specific order of this court dated 21.09.2010 passed in CWJC No.14927 of 2010 by which notice dated 15.09.2010 on the - 2 - basis of requisition dated 27.08.2010 for holding no confidence motion against the petitioner who was the Pramukh of Panchayat Samiti, Hilsa (District-Nalanda) was quashed and the Executive Officer was directed to issue fresh notice in accordance with the provision of Section 46(4) of the Bihar Panchayat Raj Act, 2006 on the basis of the existing requisition dated 27.08.2010 giving clear seven days time for the special meeting and mentioning the allegation and charges levelled in the requisition. The said fresh notice was directed to be issued within one week from the date of production/receipt of a copy of the said order. 4. The grievance of the petitioner is that in spite of information given by the petitioner to the Executive Officer (opposite party no.3), the meeting of no confidence motion was held on 24.09.2010 in which the petitioner was shown to have lost. This, according to the petitioner, is clearly violative of the specific directions of this court as the very basis of the said no confidence motion, namely the notice dated 15.09.2010 had been quashed. 5. On the other hand, learned counsel for opposite parties denies any information or knowledge of the order of this court dated 21.09.2010 before 03.10.2010. It is specifically stated that the said Executive Officer had received information of the aforesaid order of this court on 03.10.2010 and immediately on the same day he sent letter to the District Panchayatraj Officer-cum- District Magistrate, Nalanda and on 05.10.2010 he also wrote to - 3 - Up-Pramukh and thereafter on 07.10.2010 notice for the special meeting was issued by the Executive Officer fixing 18.10.2010 as the fresh date for considering the no confidence motion. It is further stated that on 18.10.2010 no confidence motion was held in which the petitioner succeeded and is still continuing as the Pramukh of the Panchayat Samiti, Hilsa (Nalanda). 6. Opposite party no.3 has tendered unqualified apologies for any matter which could be deemed to be violation of this court’s order and has stated that had he any knowledge of the said order he would not have allowed no confidence motion meeting to be held on 24.09.2010. Although the petitioner has stated on oath that he had informed the Executive Officer before 24.09.2010 about the order of this court dated 21.09.2010 and similarly on affidavit, the opposite parties have stated that they had received no information about the order of this court dated 21.09.2010 before 03.10.2010, but there is no material evidence to support one version or the other. 7. In the said circumstances, this matter is dropped, but the concerned opposite parties, namely the Executive Officer, Hilsa as well as the District Panchayat Officer, Nalanda are warned to be careful in future. Sunil (S. N. Hussain, J.)