IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.473 of 2009 1. RAJENDRA CHAUDHARY, son of Late Rasik Chaudhary, resident of village and PO Barkagaon, PS Kajra, Block Marwan, District Muzaffarpur, presently Pramukh of Marwan Block Panchayat Samiti, District Muzaffarpur. 2. Arvind Kumar Singh, son of late Raghunath Singh, resident of village and PO Raksa, PS Kajra, Block Marwan, District Muzaffarpur, presently Up- Pramukh of Marwan Block Panchayat Samiti, District Muzaffarpur Versus 1. THE STATE OF BIHAR 2. The Director, Panchayati Raj, Bihar, Patna 3. The District Magistrate, Muzaffarpur 4. The District Panchayati Raj Officer, Muzaffarpur 5. The Block Development Officer- cum- Executive Officer, Marwan Block Panchayat Samiti, District Muzaffarpur 6. Kapildeo Sahani, son of Late Munshi Sahani 7. Arbind Kumar, son of not known to the petitioners 8. Md. Aslam, son of not known to the petitioners 9. Dwarika Sah, son of not known to the petitioners 10. Nirmala Devi wife of Dinesh Rai 11. Prem Shankar Rai, son of not known to the petitioners 12. Gayatri Devi, wife of not known to the petitioners 13. Kailash Manjhi, son of not known to the petitioners 14. Anjali Devi, wife of not known to the petitioners 15. Usha Devi, wife of not known to the petitioners 16. Veena Devi, wife of Digvijay Singh 17. Nand Kishore Pandit, son of not known to the petitioners 18. Daroga Lal Sah, son of not known to the petitioners 19. Jai Kali Devi, wife of Anil Paswan 20. Lalwati Devi, wife of Bachcha Lal Paswan 21. Kiran Devi, Wife of Upendra Sah 22. Sabita Devi, wife of Rajesh Sahani 23. Hiram Ram, son of not known to the petitioners Respondents no. 6 to 23 the elected members of Marwan Block Panchayat Samiti through the Block Development Officer, cum-Executive Officer, Marwan Block Panchayat Samiti, Marwn District Muzaffarpur. ----------- 3 10-07-2009 Heard learned counsel for the appellants and learned counsel for the State. The writ petition filed by the appellants has been allowed by the judgement and order under appeal and the notice for convening a special meeting as well as resolution of no 2 confidence passed against the appellants on 7-1-09 have been quashed. There was a further observation that special meeting for no confidence could be convened if it was desired by 1/3rd of the directly elected members. Against that observation this appeal has been preferred. After some argument, learned counsel for the appellants prays to withdraw this appeal with the liberty that the decision taken in the subsequently convened special meeting may be challenged by the appellants in accordance with law. With the aforesaid liberty, the appeal is dismissed as withdrawn. BKS/- (Shiva Kirti Singh, ACJ.) (Anjana Prakash, J.)