IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14627 of 2009 1. KINDEO PRASAD S/O SHRI JAGAL SAO, R/O VILL- DHANKHARAIYA, P.O + P.S- HARSIDHI, DISTT- EAST CHAMPARAN …………………. PETITIONER. VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, EAST CHAMPARAN 3. THE DISTRICT PANCHAYAT RAJ OFFICER, EAST CHAMPARAN 4. THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK- HARSIDHI, DISTT- EAST CHAMPARAN 5. THE STATE ELECTION COMMISSION, REPRESENTED THROUGH THE SECRETARY, THE STATE ELECTION COMMISSION, SONE BHAWAN, VEER CHAND PATEL PATH, PATNA- 800001 6. SHRI SUNDERAM KUMAR S/O SHRI KISHUN PRASAD, UP- PRAMUKH, PANCHAYAT SAMITI-HARSIDHI, DISTT- EAST CHAMPARAN 7. SHRI VISHNUDEO RAM S/O NOT KNOW TO THIS PETITIONER PANCHAYAT SAMITI, HARSIDHI WITHIN THE DISTRICT OF EAST CHAMPARAN REPRESENTED THROUGH ITS EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK-HARSIDHI, DISTT- EAST CHAMPARAN 8. SHRI MADAN MOHAN PRASAD S/O SHRI SATYANARAYAN PRASAD, PANCHAYAT SAMITI, HARSIDHI WITHIN THE DISTRICT OF EAST CHAMPARAN REPRESENTED THROUGH ITS EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK-HARSIDHI, DISTT- EAST CHAMPARAN 9.SHRI DAROGA PRASAD S/O NOT KNOWN TO THE PETITIONER, PANCHAYAT SAMITI, HARSIDHI WITHIN THE DISTRICT OF EAST CHAMPARAN REPRESENTED THROUGH ITS EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK-HARSIDHI, DISTT- EAST CHAMPARAN 10.SHRI KAILASH SAHNI S/O NOT KNOWN TO THE PETITIONER, PANCHAYAT SAMITI, HARSIDHI WITHIN THE DISTRICT OF EAST CHAMPARAN REPRESENTED THROUGH ITS EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK-HARSIDHI, DISTT- EAST CHAMPARAN 11.MD. NOOR ALAM MIAN S/O NOT KNOWN TO THIS PETITIONER, PANCHAYAT SAMITI, HARSIDHI WITHIN THE DISTRICT OF EAST CHAMPARAN REPRESENTED THROUGH ITS EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK-HARSIDHI, DISTT- EAST CHAMPARAN 12.SHRI SUBHASH SINGH S/O NOT KNOWN TO THIS PETITIONER, PANCHAYAT SAMITI, HARSIDHI WITHIN 2 THE DISTRICT OF EAST CHAMPARAN REPRESENTED THROUGH ITS EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK-HARSIDHI, DISTT- EAST CHAMPARAN 13. SHRI JOKHU RAM S/O NOT KNOWN TO THIS PETITIONER, PANCHAYAT SAMITI, HARSIDHI WITHIN THE DISTRICT OF EAST CHAMPARAN REPRESENTED THROUGH ITS EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK-HARSIDHI, DISTT- EAST CHAMPARAN 14. SHRI SHEODEO PRASAD S/O SHRI SHIVDHARI MAHTO, PANCHAYAT SAMITI, HARSIDHI WITHIN THE DISTRICT OF EAST CHAMPARAN REPRESENTED THROUGH ITS EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK-HARSIDHI, DISTT- EAST CHAMPARAN 15. SHRI SUKHDEO BIND S/O SHRI RUDAL MUKHIYA, PANCHAYAT SAMITI, HARSIDHI WITHIN THE DISTRICT OF EAST CHAMPARAN REPRESENTED THROUGH ITS EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK-HARSIDHI, DISTT- EAST CHAMPARAN 16. SHRI AWADHESH YADAV S/O NOT KNOWN TO THIS PETITIONER, PANCHAYAT SAMITI, HARSIDHI WITHIN THE DISTRICT OF EAST CHAMPARAN REPRESENTED THROUGH ITS EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK-HARSIDHI, DISTT- EAST CHAMPARAN 17. SHRI SHAMBHU YADAV S/O NOT KNOWN TO THIS PETITIONER, PANCHAYAT SAMITI, HARSIDHI WITHIN THE DISTRICT OF EAST CHAMPARAN REPRESENTED THROUGH ITS EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK-HARSIDHI, DISTT- EAST CHAMPARAN 18. SHRI UMED RAM S/O NOT KNOWN TO THIS PETITIONER, PANCHAYAT SAMITI, HARSIDHI WITHIN THE DISTRICT OF EAST CHAMPARAN REPRESENTED THROUGH ITS EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK-HARSIDHI, DISTT- EAST CHAMPARAN 19. SMT. GULSHAN KHATOON, W/O NOT KNOWN TO THIS PETITIONER, PANCHAYAT SAMITI, HARSIDHI WITHIN THE DISTRICT OF EAST CHAMPARAN REPRESENTED THROUGH ITS EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK-HARSIDHI, DISTT- EAST CHAMPARAN 20. SMT. NAYANPATI DEVI W/O SHRI LAL BABU PASWAN, PANCHAYAT SAMITI, HARSIDHI WITHIN THE DISTRICT OF EAST CHAMPARAN REPRESENTED THROUGH ITS EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK-HARSIDHI, DISTT- EAST CHAMPARAN 21. SMT. USHA DEVI W/O SHRI RAMADHAR YADAV, PANCHAYAT SAMITI, HARSIDHI WITHIN THE DISTRICT OF EAST CHAMPARAN REPRESENTED THROUGH ITS 3 EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK-HARSIDHI, DISTT- EAST CHAMPARAN 22. SMT. TARA DEVI W/O NOT KNOWN TO THIS PETITIONER, PANCHAYAT SAMITI, HARSIDHI WITHIN THE DISTRICT OF EAST CHAMPARAN REPRESENTED THROUGH ITS EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK-HARSIDHI, DISTT- EAST CHAMPARAN 23.SMT. NEELA DEVI W/O SHRI VIJAY THAKUR, PANCHAYAT SAMITI, HARSIDHI WITHIN THE DISTRICT OF EAST CHAMPARAN REPRESENTED THROUGH ITS EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK-HARSIDHI, DISTT- EAST CHAMPARAN 24. SMT, SALEBAN KHATOON W/O SHRI RAZA HASSAN, PANCHAYAT SAMITI, HARSIDHI WITHIN THE DISTRICT OF EAST CHAMPARAN REPRESENTED THROUGH ITS EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK-HARSIDHI, DISTT- EAST CHAMPARAN 25. SMT. ANJU MALA W/O SHRI RAJ KUMAR SINGH, PANCHAYAT SAMITI, HARSIDHI WITHIN THE DISTRICT OF EAST CHAMPARAN REPRESENTED THROUGH ITS EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK-HARSIDHI, DISTT- EAST CHAMPARAN 26. SMT. ASHA DEVI W/O SHRI SUNIL PRASAD, PANCHAYAT SAMITI, HARSIDHI WITHIN THE DISTRICT OF EAST CHAMPARAN REPRESENTED THROUGH ITS EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK-HARSIDHI, DISTT- EAST CHAMPARAN 27. SMT. ROOPA DEVI W/O SHRI HARISHANKAR MAHTO, PANCHAYAT SAMITI, HARSIDHI WITHIN THE DISTRICT OF EAST CHAMPARAN REPRESENTED THROUGH ITS EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK-HARSIDHI, DISTT- EAST CHAMPARAN 28. SMT. ANITA DEVI W/O SHRI MUNNA PRASAD, PANCHAYAT SAMITI, HARSIDHI WITHIN THE DISTRICT OF EAST CHAMPARAN REPRESENTED THROUGH ITS EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK-HARSIDHI, DISTT- EAST CHAMPARAN 29. SMT. SOBHA DEVI W/O SHRI ABHINANDAN RAM, PANCHAYAT SAMITI, HARSIDHI WITHIN THE DISTRICT OF EAST CHAMPARAN REPRESENTED THROUGH ITS EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK-HARSIDHI, DISTT- EAST CHAMPARAN 30. SMT. RANJANA DEVI W/O SHRI MADAN MOHAN OJHA, PANCHAYAT SAMITI, HARSIDHI WITHIN THE DISTRICT OF EAST CHAMPARAN REPRESENTED THROUGH ITS EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BLOCK-HARSIDHI, DISTT- EAST CHAMPARAN. ……………. RESPONDENTS. 4 For the petitioner : M/s S.P. Srivastava, Rajeev Ranjan and Santosh Bharti, Advocates. For the State : Mr. Ajet Kumar, AC to G.P. -20 For the State Election Commission : Mr. Sanjeev Nikesh, Advocate. For the private respondents : M/s Y.C. Verma, Rajesh Kumar and Ajay Kumar Singh, Advocates. ----------- 07/ 02.07.2010 Heard learned counsel for the petitioner, learned counsel for the State of Bihar and its authorities, learned counsel for the State Election Commission as well as learned counsel for respondent nos.6, 7, 9, 10, 11, 12, 13, 14, 17, 19, 20, 21, 22, 24, 27 and 28. This writ petition is being finally heard and disposed of at the instance of the parties at this stage itself. 2. This writ petition has been filed by the petitioner who was the Pramukh of Panchayat Samiti, Harsidhi for quashing requisition dated 24.09.2009 (Annexure-1) as well as notice dated 12.11.2009 (Annexure-3) and also for quashing the resolution of Special Meeting dated 23.11.2009 (Annexure-4) stating that all the aforesaid steps were in complete contravention of the mandatory provision of Section 44 (3) of the Bihar Panchayat Raj Act, 2006. Learned counsel for all the respondents opposes the contentions of learned counsel for the petitioner. 3. From a perusal of the materials on record it is quite apparent that requisition dated 24.09.2009 was sent by the members of the Panchayat Samiti to the Executive Officer-cum- Block Development Officer, Harsidhi but it was not sent to the petitioner, although the provision of law requires it. It further 5 transpires that the notice of no confidence motion dated 12.11.2009 (Annexure-3) was sent by the Block Development Officer to the petitioner under section 44 (3( (v) of the Act, but the said notice did not contain any reason or charges which was required to be mentioned in the notice as per the specific provision of the Act which requires that such reasons/charges on the basis of which no confidence motion was to be moved against the Pramukh shall be clearly mentioned in the notice of the meeting called to consider the no confidence motion. In the said circumstances the petitioner could not contest the no confidence motion. 4. A Division Bench of this court while deciding C.W.J.C. No.12611 of 2008 vide order dated 03.02.2010 has specifically held that such notices not containing any reasons/charges which is required to be mentioned in the notice as per the aforesaid law, are clearly illegal and have to be quashed. Accordingly, the aforesaid notice dated 12.11.2009 (Annexure-3) sent by the Block Development Officer under section 44 (3) (v) of the Act to the petitioner with regard to no confidence motion and the subsequent proceeding of no confidence motion including the resolution of the Special Meeting dated 23.11.2009 (Annexure-4) are hereby quashed. 5. However, in the facts and circumstances of this case the Executive Officer-cum-Block Development Officer, Harsidhi, East Champaran may issue fresh notice in accordance with law as per Requisition dated 24.09.2009 (Annexure-1) by 17 members of 6 the Panchayat Samiti and they have come to this court also to support the same. 6. With the aforesaid directions/observations, this writ petition is disposed of. harish/ ( S. N. Hussain, J. )