IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2140 of 2010 Chunnu Uranw, S/o-Shri Ramchandra Uranw, resident of village-Roopchak, Panchayat Raj-Pyalapur, Block-Pirpainti, P.S.-Ishipwe, District-Bhagalpur. -Petitioner. VERSUS 1. The State of Bihar. 2. The District Magistrate, Bhagalpur. 3. The District Panchayat Raj Officer, Bhagalpur. 4. The Sub Divisional Officer, Kahalgaon, Bhagalpur. 5. The Block Development Officer-cum-Election Officer, Pirpainti, Bhagalpur. 6. Shri Samarjeet Mandal, S/o-not known to this petitioner, Mukhiya, Panchayat Raj-Pyalapur, Block-Pirpainti, Bhagalpur. 7. Md. Mushtaque, S/o-not known to this petitioner. 8. Smt. Sanju Kisku, W/o- not known to this petitioner. 9. Mr. Tilomoli Murmu, S/o-not known to this petitioner. 10. Smt. Tara Devi, W/o-not known to this petitioner. 11. Smt. Nand Kumari Devi, W/o-not known to this petitioner. 12. Smt. Prema Devi, W/o-not known to this petitioner. 13. Smt. Reeta Devi, W/o-not known to this petitioner. 14. Smt. Bharti Devi, W/o-not known to this petitioner. 15. Mr. Kanhaiya Das, S/o-not known to this petitioner. 16. Mr. Ambed Uraon, S/o-not known to this petitioner. 17. Mr. Sikandar Tanti, S/o-not known to this petitioner. 18. Mr. Om Prasad, S/o-not known to this petitioner. 19. Md. Irshad, S/o-not known to this petitioner. 20. Mr. Anjani singh, S/o-not known to this petitioner. Respondent No.7 to 20 are Ward Members of Panchayat Raj-Pyalapur, Pirpainti, Bhagalpur. -Respondents. ----------- 02 08.02.2010 The petitioner intends to challenge a resolution of no confidence passed against him as far back as on 06.09.2008. The petitioner is the Up-Mukhiya of Panchayat Raj-Pyalapur, Block- Pirpainti within the district of Bhagalpur. In support of the writ petition, it is submitted that by virtue of Section 20 Sub section 3 and Sub section 4 of the Bihar Panchayat Raj Act, 2006 whenever a special meeting or a meeting of the Panchayat Raj samiti is called for a District Officers/State Officers has to be present. It is further submitted that by virtue of Rule 94 & 95 of the Bihar Panchayat Election Rules, 2006 the - 2 - voting in such a meeting has to be by secret ballot papers to be cast. I am not impressed of any of the submission as made. Firstly, the petitioner having been removed by a vote of no confidence in which two persons voted in favour of the petitioner and 14 as against him as far back as on 06.09.2008. The challenge to such a decision one and half years later is wholly misconceived, even on the ground that as no fresh election to fill up the vacancy was held, the challenge was not made. That is totally beside the point because the challenge is to the action of his removal and that is to be done immediately. I do not find any cause to interfere after such a long time, especially when by an overwhelming majority the petitioner has lost the confidence of the house. The submission in respect of Section 20 of the Act is equally misconceived. The procedure for removal of Up-Mukhiya is contained in Section 18(4) (ii) and there is no provision for a official to attend any such special meeting. It is for the house itself to take a decision and pass a resolution. It is a democratic process in which presence of non-elected persons is not desirable nor is it provided for in the aforesaid provision. The provisions of Section 20 deal only with meeting or special meeting of the Panchayat for conduct of other business in regular course and not for the special meeting as contemplated under Section 18(4) (ii). This ground is misconceived. Coming to the next ground of voting, in such a meeting by ballot paper, as contemplated under - 3 - Rule 94 &95 of the Bihar Panchyat Raj Rules, 2006, it is equally misconceived. A reference to form-26, as prescribed therein, would show that these Rules relate to election of Pramukh and Up Pramukh and are not related to voting in the house on a no confidence motion. Thus, all submissions are fully misconceived, the writ petition is dismissed and consequently the election of Up-Mukhiya would proceed in accordance with law. Trivedi ( Navaniti Prasad Singh, J. )