IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13290 of 2008 PARVATI DEVI W/o Late Lalan Singh, resident of village Lakshmipur P.O. Lohachi, P.S. Haveli Kharagpur, Dist- Munger ----------------- Petitioner Versus 1. THE STATE OF BIHAR 2. The Director Panchayati Raj, Government of Bihar, Patna 3. The District Magistrate, Munger, District- Munger. 4. The District Panchayat Raj Officer, Munger, District- Munger. 5. The Block Development Officer, Haveli Kharagpur District- Munger-cum- Executive Officer, Block Panchayat Samiti, Haveli Kharagpur, District- Munger. 6. Smt. Nandari Devi W/o Sri Durga Nand Thakur resident of village Paharpur, P.O. Lochachi, P.S. Haveli Kharagpur District- Munger. 7. Smt. Shail Devi W/o Sri Arbind Yadav, resident of village Bahiro, P.O. Lochachi, P.S. Haveli Kharagpur District- Munger 8. Sri Pappu Singh S/o Sri Chamaklal Singh, resident of village and P.O. Bhadaura, P.S. Haveli Kharagpur District- Munger 9. Sri Shyam Kishore Yadav, s/o not known to the petitioner. resident of village Bagoshwari, P.O. Agrahan, P.S. Haveli Kharagpur District- Munger 10. Sri Arun Yadav s/o not known to the petitioner resident of village and P.O. Agrahar, P.S. Haveli Kharagpur District- Munger 11. Ram Anugrah Narain Singh s/o late Yadu nandan Singh resident of village Dhapari, P.O. Gowadda, P.S. Haveli Kharagpur District- Munger 12. Smt. Muliya Devi W/o Sri Sakaldeep Paswan resident of village Goura, P.O.Saddo, P.S. Haveli Kharagpur District- Munger 13. Arnin Singh s/o Sri Rameshwar Prasad Singh, resident of village Sheopur Laugay, P.O. Gowadda, P.S. Haveli Kharagpur District- Munger 14. Pawan Deo Tanti s/o late Prahlad Tanti, resident of village Larui, P.O. Gowadda, P.S. Haveli Kharagpur District- Munger 15. Smt. Rinku Singh w/o Sri Sajeet Kumar , resident of village Baijjalpur, P.O. Gowadda, P.S. Haveli Kharagpur District- Munger 16. Bhairaw Das S/o not known to the petitioner , resident of village and P.O. Prasando, P.S. Haveli Kharagpur District- Munger 17. Bahadur Tanti S/o not known to the petitioner , resident of village Kishanpur, P.O. Kendua, P.S. Haveli Kharagpur District- Munger 18. Smt. Binala Devi W/o Sri Ghanshayam Modi , resident of village and P.O. Muzaffarganj, P.S. Haveli Kharagpur District- Munger 19. Smt. Bandana Devi W/o Sri Ramdeo Singh , resident of village Begampur, P.O.Rataitha, P.S. Haveli Kharagpur District- Munger 20. Smt. Rita Devi w/o Sri Chandan Bind, , resident of village and P.O. Barui, P.S. Haveli Kharagpur District- Munger 21. Sri Arjun Manjhi, s/o not known to the petitioner , resident of village and P.O. Majhgaon, P.S. Haveli Kharagpur District- Munger 22. Smt. Kiran Devi W/oSri Mahesh Yadav , resident of village and P.O. Dariyapur P.S. Haveli Kharagpur District- Munger 23. Smt. Premlata Devi, w/o not known to the petitioner , resident of village Benauli, P.O. Dariyapur, P.S. Haveli Kharagpur District- Munger 24. Smt. Savitri Devi w/o Sri Ramesh Murmu , resident of village Motihari, P.O.Gangata, P.S. Haveli Kharagpur, District- Munger - 2 - 25. Smt. Chanra Kala Devi w/o Sri Paras Singh, , resident of village Choonakothi, P.O. Murade, P.S. Haveli Kharagpur District- Munger 26. Smt. Reena Devi w/o Sri Basant Turi, , resident of village Chootaki Hathia, P.O. and P.S. Haveli Kharagpur District- Munger 27. Smt. Baraki Devi w/o not known to the petitioner , resident of village Madhuban, P.O. Dariyapur II, P.S. Haveli Kharagpur District- Munger ----------------Respondents ----------- For the Petitioner :- Mr. S.B.K. Manglam, Adv. For the Private Respondents :- Mr. Ajit Kr. Singh, Adv. ---------------- 7. 1.12.2008 Heard learned counsel for the petitioner and for the appearing respondents. The petitioner seeks quashing of the notice dated 8.9.2008 (Annexure -6) by which the date of special meeting for considering the no-confidence against the petitioner-Pramukh had been fixed. The simple point raised by learned counsel for the petitioner is that the said notice violates Section 46 (4) of the Bihar Panchayat Raj Act, 2006 which provides for seven days clear notice for such a special meeting to be convened. Learned counsel for the respondents could not seriously oppose the aforesaid contention in view of a catena of decisions of this Court settling this point. In view of the mandatory provisions of Section 46(4) of the Act, the notice dated 8.9.2008 (Annexure – 6) is quashed. The writ application is, accordingly, allowed. P. Kumar (Ramesh Kumar Datta, J.)