IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3681 of 2010 Md Khurshid Alam, son of Late Mahbood Alam, resident of Kurwa Police Station-Khizarsarai, District-Gaya. …….Petitioner. Versus 1. The State of Bihar. 2. The Principal Secretary, son of not known to the petitioner, Department of Rural Department, Bihar, Patna. 3. Sanjay Kumar Singh, son of not known to the petitioner, District Magistrate, Gaya. 4. Shailendra Nath, son of not known to the petitioner, District Panchayati Raj Officer, Gaya. 5. Naiyer Ekbal, son of not known to the petitioner, the Sub-Divisional Magistrate, Neemchak Bathani, Head Quarter, Khizersarai Gaya. 6. Sunita Sneha, daughter of not known to the petitioner, the Executive Officer-cum-Block Development Officer, Khizersarai, Gaya. ….Contemnors/Opposite parties. ----------- For the petitioner : Mr. Sanjay Kumar, Advocate. For the State : Mr. Anil Kumar Verma, A.C. to S.C.III. ---------- 02/ 29.09.2010 This petition has been filed for initiating a proceeding of contempt against the opposite parties for the alleged violation of order dated 29.07.2010 passed by this court in CWJC No.11679 of 2010. 2. In the said writ petition, notice dated 24.06.2010 (Annexure-2) and letter dated 14.07.2010 (Annexure-3) were challenged which were issued by the Executive Officer, Khizarsarai Panchayat Samiti-cum Block Development Officer, Khizarsarai, District-Gaya fixing a special meeting for considering no confidence motion against the petitioners, who are Pramukh and Up-Pramukh of the Panchayat on 29.07.2010. 3. In the said writ petition I.A.No.6420 of 2010 was filed on behalf of the petitioners for stay of the operation of the - 2 - aforesaid notice and letter and this court vide order dated 29.07.2010 stayed the operation of the impugned notice and letter mentioned above till further orders. 4. Now the grievance of the petitioner is that although he was Pramukh of the said Panchayat Samiti, but he was not allowed to hoist the flag on the Independence Day and when the petitioner went to lodge the F.I.R, it was not accepted. 5. From the aforesaid facts and circumstances of the case, it is quite apparent that no special meeting for considering no confidence motion has been held in view of the aforesaid stay order passed by this court and hence no contempt is made out in the instant case. Accordingly, this petition is dismissed. 6. However, if the police is not accepting the F.I.R. the petitioner has a right to file a complaint case before the concerned Judicial Magistrate. Sunil (S. N. Hussain, J.)