IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 2413 of 2009 Trilochana Singh, wife of Sri Suryadeo Singh, resident of village – Ranabigha, P S – Barh, District – Patna - Petitioner Versus 1 The State of Bihar 2 The Director, Panchayat Raj, Bihar, Patna 3 The District Magistrate, Patna 4 The District Panchayat Officer, Patna 5 The Subdivisional Officer, Barh, District – Patna 6 The Block Development Officer, Barh, District – Patna 7 The Mukhiya, Gram Panchayat Raj, Rana Bigha, P S – Barh, District – Patna 8 The Panchayat Secretary, Gram Panchayat Raj, Ranabigha, P S – Barh, District – Patna - Respondents ----------- 4 24.02.2010 By this writ petition, the petitioner, who is a Member of Ranabigha Gram Panchayat in Barh subdivision of Patna district, seeks a direction from this Court to the Mukhiya of the Gram Panchayat to convene a special meeting in terms of Section 18 (4) (ii) of the Bihar Panchayat Raj Act to consider no confidence motion against the Up Mukhiya. The writ petition was filed on 19.02.2009 making repeated averments that the Mukhiya has not been calling a special meeting for the said purpose which he was obliged to call. A counter affidavit has been filed in which it has clearly been averred, apart from other things, that by notice dated 06.12.2008, the Mukhiya called for a special meeting to be held on 15.12.2008 to consider no confidence motion against the Up Mukhiya. In the said meeting, proceedings whereof are also annexed to the counter affidavit, five members of the total eleven elected members attended including the Mukhiya. The Mukhiya, considering that the quorum was not complete, adjourned the meeting. This counter affidavit was served on the counsel for the 2 petitioner as far back as in March 2009 and there has been no rejoinder thereto. Thus, the averments in the counter affidavit are accepted. If that be the situation then clearly there has been a gross suppression of the material facts and false statements made by the writ petitioner in her writ petition in an effort to obtain orders from this Court. The writ petition is liable to be dismissed on this count with exemplary cost. Before proceeding further in the matter, I would like to point out that in terms of Section 18 (4) (ii) of the Panchayat Raj Act, there is no requirement of any quorum for a special meeting to consider no confidence motion. This is so because the provisions state that the no confidence motion would be deemed to have been passed if majority of the elected members vote in support thereof. It is not by majority of members present and voting. Thus, where a Panchayat is constituted by eleven elected members, minimum six members must vote in favour of no confidence motion and, thus, have majority in the matter. If in such a meeting, lesser number of people are present then it would be deemed that the no confidence motion is defeated. There would be no question of adjournment for want of quorum. In view of the facts aforesaid, the writ petition is dismissed with a cost of Rs 10,000/- payable by the petitioner to the Gram Panchayat concerned within a period of 15 days from today. M.E.H./ (Navaniti Prasad Singh)