IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14439 of 2010 1. MEENA DEVI W/O SHRI SURESH PRASAD R/O VILL BIWIPUR, P.S.ҳPALIGANJ, DISTT-PATNA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE PATNA 3. THE DISTRICT PANCHAYAT RAJ OFFICER PATNA 4. THE BLOCK DEVELOPMENT OFFICER-CUM-EXECUTIVE OFFICER BLOCK- PALIGANJ, DISTT-PATNA 5. SURESH YADAV UP-PRAMUKH S/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI-PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 6. JITENDRA SHARMA@ BHAI JITENDRA S/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI-PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 7. RANDHIR KUMAR S/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 8. DHANANJAY KUMAR S/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 9. SHYAMBABU PASWAN S/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 10. PRABHAKAR CHOUBEY S/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI-PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 11. SADHU SHARAN PASWAN S/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI-PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 12. JAY SHANKAR THAKUR S/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI-PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 13. BHIM PASWAN S/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 14. GANESH DUTTA PRASAD S/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI-PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 15. HARENDRA KUMAR S/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 16. ASHOK KUMAR S/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 17. JITENDRA SHARMA S/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI-PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA - 2 - 18. TAPESHWAR SINGH S/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI-PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 19. VASANT PANDIT S/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 20. MD. NISAR AHMAD S/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI-PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 21. ACHCHE LAL S/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 22. MEENA DEVI W/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 23. BABY DEVI W/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 24. MALTI DEVI W/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 25. SHAHINA KHATOON W/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 26. KUSUM DEVI W/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 27. MOSIT JAHAN W/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 28. GAYATRI DEVI W/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 29. KANTI DEVI W/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 30. CHINTA DEVI W/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 31. DUKHANI DEVI W/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 32. KIRAN DEVI W/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 33. NAMRITA DEVI W/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 34. RENU SHARMA W/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA - 3 - 35. SHWETA BISWAS W/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 36. RAMDULARI DEVI W/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 37. RENU DEVI W/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA 38. SUNITA DEVI W/O NOT KNOWN ARE MEMBER OF PANCHAYAT SAMITI- PALGANJ, DISTT-PATNA, REPRESENTED THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, PALIGANJ, PATNA ----------- 3/ 29/11/2010 Heard learned counsel for the petitioner and learned counsel for the State. I.A. No.8609 of 2010 is stated to have been filed on behalf of the petitioner on 28.9.2010 after serving copy on the Learned counsel for the State. The same not being available on record the Court requested learned counsel for the Petitioner to make available his copy for perusal so as not to hold up the proceedings on that ground. Let the office trace out the I.A. application and place on record. Fresh developments during the pendency of the writ application leading to passing of the No Confidence Motion on 4.10.2010 against the petitioner has been brought on record, copy of which has been served on the counsel for the State also. The short ground urged on behalf of the petitioner is that the notice for special meeting to - 4 - consider the No Confidence Motion against the petitioner on 27.9.2010 fixing the meeting for 4.10.2010 suffers from two vices under Section-46(4) of the Bihar Panchayati Raj Act. It does not meet the statutory requirement of seven clear days’ notice and the notice was not accompanied with details of the business to be transacted at such meeting. The notice for the meeting itself being contrary to the law, the No Confidence Motion dated 4.10.2010 is non est. Learned counsel for the State submits that if the notice was issued on 27.9.2010 and the meeting was held on 4.10.2010 it is within seven days. The date of issuance of the notice i.e. 27.9.2010 cannot be taken into consideration. Leaving it aside, 4.10.2010, the date on which the meeting is held, also cannot be taken into consideration as the language of the Statute very clearly states ‘ a seven days’ clear notice’. On facts this Court is satisfied that there has, in fact, not been six clear days’ notice before holding the meeting. If that were not enough, learned counsel for the State has been unable to satisfy the Court that the second requirement of the law which mandated that the notice must mention the business to be transacted finds any place in the notice dated 27.9.2010. A bare reading of the notice reveals that there is a mere reference to a No - 5 - Confidence Motion against the petitioner proposed to be moved. The mere annexing of the same as an enclosure to the notice, to the mind of this Court, shall not suffice. If the language of the Statute is clear and it mandates that the notice for the meeting itself must be speaking in nature setting out the nature of the business to be transacted, whether it be a No Confidence Motion or any other matter, is required to be mentioned in the notice itself no other interpretation is possible. Whether it be the absence of a clear seven days’ notice for holding of the special meeting or the requirement for the notice of the meeting, to contain details of the nature of the business to be transacted, this Court finds it difficult to sustain the notice for the meeting dated 27.9.2010. If that be so, any action done in pursuance of a meeting held under the notice dated 27.9.2010 loses its sanctity in law as the very edifice for any resolution dated 4.10.2010 automatically collapses. The notice dated 27.9.2010 and the resolution dated 4.10.2010, therefore, becomes non- sustainable and are accordingly set aside. Nothing in this order shall preclude a fresh notice in accordance with law and consideration of matters appropriately under the Statute. Let a Xerox copy of the I.A. be retained on - 6 - the record. The writ application stands allowed. KC ( Navin Sinha, J.)