IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.519 of 2009 Mashkoor Alam, son of Late Mahmood Alam, Resident of village-Bari Balia, Post Office-Bari Balia, Police Station- Balia, District-Begusarai ……………….. Petitioner Versus 1. The State of Bihar 2. The Special Secretary, Department of Panchayati Raj, Bihar, Patna 3. The Director, Department of Panchayati Raj, Bihar, Patna 4. The District Magistrate, Begusarai, 5. The District Panchayat Raj Officer, Begusarai 6. The Sub-Divisional Officer, Balia, Begusarai 7. The Executive Officer cum Block Development Officer, Balia, Begusarai 8. Nisha Devi, Pramukh, Panchayat Samiti, Balia, Begusarai 9. Ram Chandra Sada, Member, Panchayat Samiti, Pokharia, P.S. Balia, Begusarai. 10. Ram Uday Yadav, Member, Panchayat Samiti, Pokharia, P.S. Balia, Begusarai. 11. Md. Mahboob Alam, Member, Panchayat Samiti, Bari Balia(Dakshini), P.S. Balia, Begusarai. 12. Asmat Khatoon, Member, Panchayat Samiti, Bari Balia (Uttari), P.S. Balia, Begusarai. 13. Md. Rashid, Member, Panchayat Samiti, Bari Balia (Uttari), P.S. Balia, Begusarai. 14. Rani Devi, Member, Panchayat Samiti, Saleh Chak, P.S. Balia, Begusarai. 15. Kumresh Pd. Yadav, Member, Panchayat Samiti, Noorzama Pur, P.S. Balia, Begusarai. 16. Ratnamala Devi, Member, Panchayat Samiti, Balia Lakhminia-I, P.S. Balia, Begusarai. 17. Rawan Chaudhary, Member, Panchayat Samiti, Balia Lakhminia-II, P.S. Balia, Begusarai. 18. Mina Devi, Member, Panchayat Samiti, Balia Lakhminia-III, P.S. Balia, Begusarai. 19. Gauri Devi, Member, Panchayat Samiti, Balia Lakhminia-III, P.S. Balia, Begusarai. 20. Urmila Devi, Member, Panchayat Samiti, Balia Lakhminia-IV, P.S. Balia, Begusarai. 21. Yashoda Devi, Member, Panchayat Samiti, Balia Lakhminia-IV, P.S. Balia, Begusarai. 22. Arun Mahto, Member, Panchayat Samiti, Bhagatpur, P.S. Balia, Begusarai. 23. Indu Devi, Member, Panchayat Samiti, Manserpur, P.S. Balia, Begusarai. 24. Kumari Kalpana, Member, Panchayat Samiti, Bhawanandpur, P.S. Balia, Begusarai. 25. Pratima Devi, Member, Panchayat Samiti, Rahatpur, P.S. Balia, Begusarai. 26. Suresh Pd. Singh, Member, Panchayat Samiti, Parmanandpur, P.S. Balia, Begusarai. 2 27. Sunaina Devi, Member, Panchayat Samiti, Tajpur, P.S. Balia, Begusarai. 28. Navin Kumar Singh, Member, Panchayat Samiti, Bariarpur, P.S. Balia, Begusarai. 29. Mamta Devi, Member, Panchayat Samiti, Fatehpur, P.S. Balia, Begusarai. 30. Kumari Kiran Lata, Member, Panchayat Samiti, Paharpur, P.S. Balia, Begusarai. ………. Respondents. ----------- For the petitioner: M/S Bindhayachal Singh, Umesh Kumar & Prashant Sinha, Advocates For the State: Mr. Shashi Bhushan Kumar, SC 16 For Respondents: Mr. Ramanuj Tiwary, Advocate. ----------- 5. 5.3.2009 Heard learned counsels for the petitioner, for the appearing respondents as also for the State. The petitioner seeks quashing of the requisition for convening the special meeting for considering no confidence motion against the petitioner- Up-Pramukh as also the notice dated 10.1.2009 by which the date of the special meeting was fixed on 19.1.2009. The only contention of learned counsel for the petitioner is that the requisition and the notice are contrary to the provisions of Section 44(3) (v) of the Bihar Panchayat Raj Act,2006 which requires reasons/charges for moving the no confidence motion to be clearly mentioned in the notice convening the special meeting. It is the contention of learned counsel for the petitioner that the reasons/charges mentioned are absolutely vague and non-specific and no purposeful or responsible discussion is possible on the basis of the same in the special meeting for considering the no confidence motion. So far as the reason no. 1 is concerned, it is stated that the 3 petitioner has absented himself only on 3-4 occasions out of 17 meetings of the Panchayat Samiti and on all those days permission of the appropriate authorities had been obtained for valid reasons like illness, treatment of ailment etc. Learned counsel for the appearing respondents is unable to meet the said contentions of the petitioner and show to the Court as to how a reasonable discussion is possible over the charges mentioned in the notice. In the above circumstances, the requisition as well as the notice dated 10.1.2009 are both quashed. The writ application is accordingly allowed. S.Pandey (Ramesh Kumar Datta, J.)