IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13579 of 2008 RAJENDRA @ RANJAN YADAV Versus (1)The State of Bihar, (2) The D.M. Bhojpur at Arrah (3) The S.D.O. Bhojpur at Arrah, (4) The S.D.O.-cum-Executive Officer, Sandesh, (5) Satyendra Mahto,Member Panchayat Samiti, (6) Soni Devi, Member Panchayat Samiti, (7)Smt. Samati Devi, Member Panchyat Samiti, (8) Anita Devi, Member Panchayat Samiti, (9) Gajendra Singh, Member Panchayat Samiti, (10) Tusa Devi, Member Panchayat Samiti, (11) Jai Kumar Singh, Member Panchayat Samiti, (12) Lalan Yadav, Member Panchayat Samiti, (13) Shanti Devi, Member Panchayat Samiti, (14) Renu Devi, Member Panchayat Samiti and (15) Uday Kumar, Member Panchayat Samiti ----------- For the Petitioner: Mr. Ram Subhas Singh,Advocate For the State : Mr. Pankaj Kumar Singh, J.C. to S.C.III For Respondent Nos. 5 to 15: Mr. Rama Kant Sharma, Senior Advocate. Mr. L.K. Sharma, Advocvate. --- 4. 20.10.2008 Heard learned counsel for the parties. The petitioner has come to this Court for setting aside the notice dated 2.9.2008 issued by the Block Development Officer-cum- Executive Officer, Sandesh, by which he has convened a special meeting for considering No Confidence Motion against the pertitioner, Pramukh of the Panchayat Samti, Sandesh on 12.9.2008. The grounds taken by learned counsel for the petitioner are that no such requisition was served upon the petitioner by the members of the Panchayat Samiti or brought to his notice by the Executive Officer of the Panchayat Samiti and the matter was manipulated between the Executive Officer and the members of the Panchayat Samiti, who had directly fixed the date of the special meeting for considering No Confidence Motion on 12.9.2008. In the counter affidavit filed on behalf of respondent Nos. 5 to 15 of the Panchayat Samiti the stand taken is that they had sent a copy of the requisition to the petitioner Pramukh through speed post on 2 21.8.2008 but since no action was taken by him, they themselves fixed the date for No Confidence Motion on 12.9.2008 and the notice was, accordingly, issued by the Executive Officer of the Panchayat Samiti. Under Section 44 (3) (i) of the Bihar Panchayat Raj Act, 2006, the requisition for holding a meeting for considering No Confidence Motion has to be presented to the Pramukh in writing with a copy to the Executive Officer of the Panchayat Samiti and it is for the Executive Officer to immediately bring the requisition to the notice of the Pramukh. Only thereafter the Pramukh is mandated by the statute to convene such meeting on a date falling within 15 days of such requisition and on failure to do so the Up- Pramukh or one third of the total number of directly elected members may fix a date for such meeting and require the Executive Officer to give notice accordingly. It does not appear from the materials on the record that the said steps have been followed by the members of the Panchayat Samiti respondent Nos. 5 to 15 before fixing the date themselves. For the said reasons the notice dated 2.9.2008 issued for convening the special meeting is quashed. The members of the Panchayat Samiti, however, shall be at liberty to make a fresh requisition in accordance with law. The writ application is, accordingly, allowed with the aforesaid observations. VPS ( Ramesh Kumar Datta,J.)