1 IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.311 of 2010 SMT.MANJU DEVI W/O SHRI UPENDRA PRASAD R/O VILL.- MISRAULIA, P.S.- CHIRAIYA, DISTT.- EAST CHAMPARAN, CHAIRMAN, ZILA PARISHD, EAST CHAMPARAN, MOTIHARI … Appellant-Respondent Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY DEPTT. OF PANCHAYATI RAJ, BIHAR, PATNA 3. THE DISTRICT MAGISTRATE EAST CHAMPARAN, MOTIHARI 4. THE DISTRICT PANCHAYAT RAJ OFFICER EAST CHAMPARAN, MOTIHARI 5. THE CHIEF EXECUTIVE OFFICER-CUM-DY. DEVELOPMENT COMMISSIONER ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 6. THE STATE ELECTION COMMISSION, REPRESENTED THROUGH ITS CHIEF ELECTORAL OFFICER SONE BHAWAN, 5 TH FLOOR, BEER CHAND PATEL PATH, PATNA- 800001 7. AJAY KUMAR BAITHA S/O SHRI VISHWANATH BAITHA R/O VILL. & P.O.- AJGARWA, P.S.- PAKARIDAYAL, DISTT.- EAST CHAMPARAN 8. BISHWANATH SINGH S/O SHRI LAXMI NARAIN SINGH R/O VILL.- LOKSA, P.S.- MUFFASIL, P.O.- ROOPDIH, DISTT.- EAST CHAMPARAN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 9. SHRI SURESH PRASAD S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 10. SHRI PRABHAT KUMAR SINGH S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 11. MD. AINULLAH S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 12. SHRI ACHELAL PASWAN S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 13. SYED NASIM AKHTAR S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 2 14. SHRI BASUDEO RAM S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 15. SHRI KRISHNA KANT MISHRA S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 16. MD. YAHYA KHAN S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 17. SHRI NARAYAN YADAV S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 18. SHRI RAJARAM PRASAD S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 19. SHRI ROHIT GIRI S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 20. MD. MANIR ALAM KHAN S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 21. SMT. BABITA DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 22. SMT. BEMISHAL PRAVEEN W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 23. SMT. MINU DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 24. SMT. RENU DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 25. SMT. SUMITRA DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 26. SMT. INDRASANI DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 27. SMT. JAMILA KHATOON W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 3 28. SMT. GIRIJA DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 29. SMT.GEETA SINGH W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 30. SMT. BABNUNTI DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 31. SMT. FARZANA KHATOON W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 32. SMT. SAHNAZ BEGUN W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 33. SMT. SUSHILA DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 34. SHRI SURESH PRASAD YADAV S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 35. SHRI SHYAM BABU ROY S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 36. SMT. SNEHLATA DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 37. SMT. POONAM DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 38. SMT. CHANDRAWATI PRIYADARSAN W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 39. SMT. SHEELA DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 40. SMT. SACHRUN NISA W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 41. SHRI RAJESHWAR PRASAD SINGH S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 4 42. SHRI VINAY KUMAR KUSHWAHA S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 43. SHRI NAGENDRA SAHNI S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 44. SMT. ALPANA DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 45. SMT. RAM DULARI DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 46. SMT. KANTI DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 47. SMT. MANJU DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 48. MD. JAINUL AHMAD NABI S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 49. SHRI SHAILENDRA PRASAD YADAV S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 50. SHRI MAHENDRA YADAV S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 51. SMT. KISHORE DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 52. SMT. PRIYANKA JAISWAL W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 53. SHRI PAWAN KUMAR S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 54. MD. NAZRE ALAM S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 55. SMT. PUNAM CHANCHAL S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 5 56. SMT. UMA DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 57. SMT. RENU DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 58. SMT. POONAM DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 59. SMT. RAM DURARI DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 60. SMT. MALA KUMARI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 61. SMT. SUNITA DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 62. SMT. KANTI DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI … Respondents- Respondents ----------- 2. 17.2.2010 Heard Mr. Y.V.Giri, learned Senior counsel alongwith Mr. V.R.Bharti, learned counsel for the appellant, Mr. Rajesh Kumar Sinha, learned counsel for the State, Mr. Shri Prakash Srivastava, learned counsel for respondent no.5 and Mr. Virendra Kuar, learned counsel for respondent no.7. In this intra Court appeal the assail is to the order dated 9.2.2010 passed by the learned Single Judge in C.W.J.C.No. 1003/2010, whereby he has directed the Chairman of East Champaran, Zila Parishad to call a special meeting within a week from the date of service of 6 a copy of the order on the present appellant for consideration of No Confidence Motion against her and if he fails to do so it will be obligation of the Collector of the district to convene such meeting. It is submitted by Mr. Giri, learned Senior counsel appearing for the appellant, that the requisition for vote of No Confidence was never served on her and therefore, no action could be taken under section 70(4)(i) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as ‘the Act’). It is urged by him that in absence of the original requisition she cannot convene a meeting and, therefore, the order passed by the learned Single Judge has to be treated as faulty. In course of hearing we have been apprised at the Bar and also find on perusal of the documents on record that the copy of requisition addressed to the appellant Adhyaksha of Zila Parishad, photo copy of which has been brought on record by way of Annexure 1 to the writ application, had already been sent to both the Adhyaksha, Zila Parishad and the Collector of the District and was received in the office of the Collector of the District on 9.12.2009. 7 In view of aforesaid, we command that the Collector shall take action as per section 70(4)(i) of the Act in the event the appellant in capacity of Adhyaksha of Zila Parishad would fail to convene a meeting within a period of seven days from the date of receipt of a copy of this order along with a photo copy of the said requisition as contained in Annexure 1 to the writ application. Needless to emphasize the appellant shall hold the post of Adhyaksha of Zila Parishad till she is dislodged by application of law. With the aforesaid modification in the order of the learned Single Judge the appeal stands disposed of. (Dipak Misra,C.J.) (Mihir Kumar Jha,J.) Surendra/