IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15440 of 2008 RITA KUMARI wife of Akhilesh Kumar, resident of village Nardiganj, P.S. and Block Nardiganj, District- Nawadah, at present Pramukh of Nardiganj Block Panchayat Samiti, District- Nawadah. … Petitioner Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Nawadah 3. The sub-divisional Officer, Nawadah 4. The District Panchayat Raj Officer, Nawadah 5. The Chief Executive Officer-cum- Block Development Officer, Nardiganj, Block Nardiganj, District, Nawadah. 6. Ran Vijay Kumar Paswan, son of Jitendra Kumar Paswan, Member, Panchayat Samittee,Nardiganj, part-II, Block Nardiganj, Disrict- Nawadah. 7. Anita Devi, wife of Ramashish Sharma, resident of village Hariya Police Station + Block Nardiganj, Member, Panchayat Samiti Harina Gram Panchayat Block Nardiganj, District-Nawadah. 8. Shanti Devi wife of Bhola Chaudhary, resident of village Rajaur, Member, Panchayat Samiti, Parma Gram Panchayat Raj, P.S. + Block Nardiganj, District- Nawadah. 9. Maro Devi, wife of Arjun Chaudhary, resident of village Bharbigha, Kahuara, Member Panchayat Samiti Kahuara, Gram Panchayat Raj P.S. + Block Nardiganj, District- Nawadah. 10.Chanchala Devi wife of Surajdeo Prasad, resident of village Balwapar, Member Panchayat Samiti Nanura, Gram Panchayat Raj, Police Station + Block Nardiganj, District- Nawadah. 11. Pramila Devi wife of Dipu Yadav, resident of village Dojhra, Member Panchayat Samiti, Dophra part-I, Gram Panchayat Raj, Police Station + Block Nardiganj, District-Nawadah. 12. Ram Baran Yadav, son of father’s name not known, resident of village Sikhatia Samri, Member Panchayat Samitee, Dohra, Part=II, Gram Panchayat Raj, P.S. + Block Nardiganj, District- Nawadah. 13. Malti Devi, wife of Subhash Singh, resident of village Rame Kahuara, Member Panchayat Samiti, Kosula Part-I, Gram Panchayat Raj, P.S. + Block Nardiganj, District-Nawadah. 14. Amrendra Kumar, son of Babulal Rajbanshi, resident of village Oro, Member Panchayat Samitee, Koshala Part-II, Gram Panchayat Raj P.S. + Block Nardiganj, District- Nawadah. 15. Sachchidanand Singh, son of Sadhu Sharan Singh, resident of village Sahajpura, Member, Panchayat Samiti, Oro Part-I, P.S. + Block Nardiganj, District- Nawadah. 16. Md. Islam Ali Ahmad son of Md. Hanef Ansari, resident of village Bahadurganj, Oro, Member, Panchayat Samiti, Oro Part-II, P.S. + Block Nardiganj, District- Nawadah. 17. Babi Devi wife of Manoj Singh, resident of village Nandpur, Member panchayat Samittee, Pero Gram Panchayat Raj, P.S. + Block Nardiganj, District- Nawadah. 2 18. Ashok Kuamr, son of late Barho Singh, resident of village Amarpur, Member, panchayat Samiti, Gram Panchayat Raj Ichua Karna, P.S. + Block Nardiganj, District- Nawadah. 19. Sunita Devi wife of Devanand Chauhan , resident of village Bhalna Masaurha, Member Panchayat Samiti, Gram Panchayat Raj Masaurha, P.S. and Block Nardiganj, District- Nawadah. …Respondents. ----------- For the petitioner: Mr. Arun Kumar,Advocate For respondent Nos. 11 to 19: Mr. Jagannath Singh,Advocate For Respondent No.6: Mr. Rajendra Prasad Singh, Senior Advocate For the State: Mrs. Babita Kumari, A.C. to Standing Counsel No.1 --- 5. 1.5.2009 Heard learned counsels for the parties. The petitioner seeks quashing of the notice dated 14.10.2009 issued by the Block Development Officer-cum-Chief Executive Officer, Panchayat Samiti, Nardiganj, by which the date of convening the special meeting for considering the no confidence motion against the petitioner-Pramukh had been fixed on 20.10.2008. Learned counsel for the petitioner submits that the notice is contrary to Section 46 (4) of the Bihar Panchayat Raj Act, 2006, which provides for clear seven days notice. Learned counsel for the contesting respondent Nos. 11 to 19 is unable to oppose the said stand taken on behalf of the petitioner in view of the mandatory provisions of Section 46 (4) of the Act, although he sought to make various allegations against the Block Development Officer-cum- Chief Executive Officer with respect to acting in collusion with the petitioner. There may be something in the same, but in the present matter this Court also finds that the contesting respondents themselves had not acted in terms of the statutory authority 3 conferred upon one-third of the directly elected members to fix a date of the special meeting on the failure of the Pramukh to call such meeting on a date within 15 days from the date of the requisition. In the above circumstances, the writ application is allowed. The impugned notice dated 14.10.2008 is set aside. It is however, made clear that it would be open to the 1/3rd of the directly elected members to themselves fix a date and see that the notice is issued by the Executive Officer providing for clear seven days notice in accordance with law and complying with the other statutory requirements. VPS ( Ramesh Kumar Datta,J.)