IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13457 of 2008 Champa Devi, wife of Shri Ram Kripal Prajapat @ Bhagwan Prajapat, resident of Village: Adai, P.S. Konch, District- Gaya. ….Petitioner. Versus 1. The State of Bihar 2. The Principal Secretary, Panchayat Raj Department, Bihar, Patna. 3. The Commissioner, Magadh Division, Gaya. 4. District Magistrate, Gaya. 5. Sub-Divisional Officer, Tekari, District- Gaya. 6. District Panchayat Raj Officer, Gaya. 7. Secretary-cum-Chief Executive Officer, Panchayat Samiti, Konch, District-Gaya. 8. Block Development Officer, Konch, District-Gaya. 9. Smt. Sujata Devi, Up-Pramukh, wife of Satya Narayan Yadav, resident of village: Dukhi Bigha, Panchayat- Kawar, P.S. Anti, District-Gaya. 10. Chandramani Devi, wife of Ramprit Das, resident of Village-Anti, Panchayat-Anti, District-Gaya. 11. Parvati Devi, wife of Sharda Das, resident of village-Munderi, Panchayat- Parsawan, P.S. Konch, District-Gaya. 12. Nilu Devi, wife of Satyendra Singh, resident of Village- Chaitbigha, Panchayat- Uttarain, P.S. Konch, District-Gaya. 13. Mahendra Paswan, son of Rajeshwar Paswan, resident of village- Mithapur, Panchayat-Kawar, P.S. Anti, District-Gaya. 14. Ashraf Ansari, son of Fahim Mian, resident of village-Nehura, Panchayat-Khajuri, P.S. Konch, District-Gaya. 15. Sudama Yadav, son of Mangar Yadav, resident of village- Daulatpur, Panchayat- Ker, P.S. Konch, District-Gaya. 16. Kishore Yadav, son of Ganeshi Yadav, resident of village- Newadhi, Panchayat- Srigaon, P.S. Konch, District-Gaya. 17. Kallu Yadav, son of Ram Prit Yadav, resident of village-Khobra, P.S. Konch, District-Gaya. 18. Jaipal Kumar, son of Chandradeo Ram, resident of village-Dumari, Panchayat-Salempur, P.S.-Konch, District-Gaya. 19. Sanju Devi, wife of Brij Kishore Prasad, resident of village- Sindhwari, Panchayat-Gauharpur, P.S. Konch, District-Gaya. 20. Sheo Kumar Chauhan, son of Rajkeshwar Chauhan, resident of village-Balwa, Gauharpur, Panchayat-Gauharpur, P.S. Konch, District-Gaya. 21. Ranjeet Kumar, son of Ambika Yadav, resident of village-Khaira, Panchayat-Simara, P.S. Konch, District-Gaya. 22. Usha Devi, wife of Dileep Kumar, resident of village-Konch, Panchayat-Konch, P.S.-Konch, District-Gaya. 23. Vishundeo Yadav, son of Late Chandradeo Yadav, resident of village-Gadari, Panchayat-Gadari, P.S.-Konch, District-Gaya. 24. Chameli Devi, wife of Ram Bali Chaudhary, resident of village-Kaji Bigha, Panchayat-Kabar, P.S.-Anti, District-Gaya. - 2 - 25. Ramesh Sharma, son of Janardan Sharma, resident of village- Dhatihar Jamalpur, Panchayat-Kharoch, P.S.-Konch, District-Gaya. 26. Nagina Devi, wife of Anil Yadav, resident of village- Bijhara, Panchayat-Majhiyawan Region No.11, P.S.-Konch, District-Gaya. 27. Sukhdeo Thakur, son of Dineshwar Thakur, resident of village- Chabura, Panchayat-Chabura, P.S. Aanti, District-Gaya. 28. Sabita Devi, wife of Manisha Paswan, resident of village- Bhajhiyama, Panchayat-Bhajhiyama, District-Gaya. 29. Punita Devi, wife of Surendra Yadav, resident of village- Manoharpur, Panchayat-Kurnawan, District-Gaya. 30. Uday Kumar, son of Aaditya Paswan, resident of village-Dusadh Bigha, Panchayat-Simara, P.S.-Konch, District-Gaya. 31. Bhoa Manjhi, son of Briksha Manjhi, resident of village-Lodipur, Panchayat-Ker, P.S.-Konch, District-Gaya. 32. Sheela Devi, wife of Jagjeevan Ram, resident of village-Angara, Panchayat-Tineri, P.S.-Aanti, District-Gaya. ……….Respondents. ----------- For the petitioner : Mr.Rajendra Prasad Singh, Senior Advocate Mr. Umech Chandra Verma, Advocate. For the State : Mr. Subash Pd. Singh, G.A.-VIII For respondent nos. : Mr. Surendra Kishore Thakur, Advocate. 23, 24, 25, 27, 29 & 32 For the remaining private : Mr. Sunil Kumar, Advocate. Respondents ------- 08/ 02.07.2010 Heard learned counsel for the petitioner, learned counsel for respondent nos. 1 to 8, learned counsel for respondent nos. 23, 24, 25, 27, 29 and 32 as well as learned counsel for the other private respondents. This writ petition is being finally heard and decided at this stage itself at the instance of learned counsel for the parties. 2. I.A.No.4125 of 2010 has been filed by the petitioner for stay of operation of Letter No.797 dated 26.08.2008 issued by the Block Development Officer, Konch informing the Sub- divisional Officer regarding resolution of no confidence motion passed by the Panchayat Samiti, Konch against the petitioner, who - 3 - was Pramukh, during the pendency of the writ petition. 3. This writ petition has been filed by the petitioner for quashing the no confidence motion promulgated against the petitioner in the special meeting held by the Panchayat Samiti in which out of 25 members, 22 participated and among them 20 members cast their votes against the petitioner and in favour of no confidence motion. 4. In the instant case, notices were issued to the private respondents, who were members of the panchayat, whereafter they have appeared. Out of the said members of the panchayat, six, namely, respondent nos. 23, 24, 25, 27, 29 and 32 supported the claim of the petitioner, whereas the remaining respondents did not support the petitioner’s claim, rather they specifically said that they have no confidence in the petitioner as Pramukh and they have dully voted against him in the no confidence motion. 5. In the aforesaid facts and circumstances, it is quite apparent that much more half of the members of the panchayat, rather about 3/4th of them, have got no confidence in the petitioner, who lost after contesting the said motion. 6. Learned counsel for the petitioner relies upon Section 44(3) (1) of the Bihar Panchayat Raj Act, 2006 and submits that all the steps taken, namely the application and fixation of date for no confidence motion (Annexure-B/1) to the counter affidavit of respondent nos. 4 to 8 and the letter of the Block Development Officer to the Pramukh/ Up-Pramukh/all members (Annexure-C) - 4 - are of 08.08.2008, show that they were all done on the same date with ulterior motive and the same was against the specific principle of law and the said letter/notices were never served upon the petitioner. 7. From perusal of the said documents, it is quite apparent that the step under Section 44 (3) (1) of the Act was initially taken on 08.07.2008 (Annexure-B) and a copy of the said requisition by the 15 members of the Panchayat was served upon the petitioner, but he refused to take it on 08.07.2008 which is apparent from the note of his peon on the back of that application. Thereafter also Annexure-B/1 and Annexure-C were served upon the petitioner, but he refused to accept the same which is apparent from the notings of the same peon on 08.08.2008. Thus, it is quite clear that all the steps were duly taken but the petitioner was not ready to cooperate, hence, appropriate steps were duly taken in accordance with the law. 8. In the said circumstances, this court does not find any reason to quash the no confidence motion or to direct the Block Development Officer, Konch, Gaya to allow the petitioner to take charge as Pramukh. Accordingly, this writ petition is dismissed. Sunil (S. N. Hussain, J.)