IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11730 of 2008 Md.Nasir, son of Late Abu Hassan, resident of village Tal Sahan, P.S. Goraul, District Vaishali Versus 1. The State Of Bihar 2. The Sub-divisional Officer, Mahua, District Vaishali 3. The Executive Officer-cum- Prakhand Wikas Padadhikari, Chekara Kelan Prakhand, District Vaishali 4. Lakhindra Sahni, son of Ram Chand Sah, Prakhand Sah, village Sahpur P.S. Goraul, District Vaishali For the Petitioner :Mr. R.S. Das, Advocate For the State :Mr. P.K. Singh, S.C.21 05/ 02.12.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner at the relevant time served as Up-Pramukh of Chehara Kalan Panchayat Samiti in the district of Vaishali. He is aggrieved by the proceedings of the special meeting of the Panchayat Samiti dated 9.7.2008, whereunder No Confidence Motion has been passed against him, as 8 out of the 9 elected members voted in support of the No Confidence Motion. 3. Counsel for the petitioner submits that No Confidence Motion is considered against the Pramukh and Up-Pramukh of the Panchayat Samiti in the light of the provisions contained in - 2 - sub-section (3) of Section 44 of the Bihar Panchayati Raj Act, 2006, which, inter alia, provides that No Confidence Motion against the Pramukh and Up-Pramukh shall be carried if the Motion is voted by the majority of the elected members. In this connection, it is pointed out that in the Chehara Kalan Panchayat Samiti, there are 16 elected members but only 9 were preset during the special meeting held on 9.7.2008 and 8 voted against the petitioner, one in his favour, which is evident from the proceeding itself. Only 8 out of the 16 elected members voted against the petitioner, the Motion of No Confidence was not passed by the majority of the elected members of the Panchayat Samiti. 4. The No Confidence Motion against the petitioner has not been carried by the majority of the elected members, in the circumstances, it is declared that notwithstanding the proceedings of the special meeting dated 9.7.2008, petitioner shall continue to function as Up-Pramukh of the - 3 - Chehara Kalan Panchayat Samiti in the district of Vaishali until he completes the term or a Motion of No Confidence is carried against him by the majority of the elected members. 5. The writ petition stands disposed of. Arjun/ (V.N. Sinha, J.)