IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12151 of 2008 1. Gayatri Devi, wife of Sri Jamadar Singh, resident of village- Banjaria, P.S. Madhuban, District- East Champaran 2. Noor Mohammad Ansari, son of Hajrat Ansari, resident of village- Jugaulia, Tola- Palat, P.S. Madhuban, District- East Champaran Versus 1. The State of Bihar through the Secretary, Rural Development Department, Government of Bihar, Patna 2. The Director, Panchayati Raj, Bihar, Patna 3. The District Magistrate, East Champaran at Motihari 4. The Sub-Divisional Officer, Pakridayal, District-East Champaran 5. The District Panchayati Raj Officer, East Champaran at Motihari 6. Block Development Officer-cum-Executive Officer, Madhuban, District- East Champaran 7. Smt. Ramkishore Ram, son of Late Musahar Ram, resident of village- Dulma, P.S. Madhuban, District- East Champaran 8. Asha Devi, wife of Shiv Ram, resident of village- Madhuban, P.S. Madhuban, District- East Champaran 9. Saira Khatoon, wife of Safique Sah, resident of village- Koilahra, P.S. Madhuban, District- East Champaran 10. Devi Lal Sahni, son of Late Ramswaroop Sahni, resident of village- Sawangia, P.S. Madhuban, District- East Champaran 11. Sheikh Mojahir, son of Sheikh Suakchanoor, resident of village- Garahian, P.S. Madhuban, District- East Champaran 12. Md. Kadir, son of Md. Nasir, resident of village- Harinarayanpur, P.S. Madhuban, District- East Champaran 13. Ayodhya Baitha, son of Bhairo Baitha, resident of village- Jitaura, P.S. Madhuban, District- East Champaran 14. Anita Devi, wife of Birju Thakur, resident of village- Talimpur, P.S. Madhuban, District- East Champaran 15. Babita Devi, wife of Ram Babu Singh, resident of village- Jogaulia Chaubey Tola, P.S. Madhuban, District- East Champaran 16. Kunti Devi, wife of Haribansh Singh, resident of village-Bajidpur, P.S. Madhuban, District- East Champaran 17. Guddu Rai, son of not known, resident of village- Punar, P.S. Madhuban, District- East Champaran 18. Anju Devi, wife of Subodh Yadav, resident of village –Kauriya, P.S. Madhuban, District- East Champaran 19. Satyendra Yadav, son of not known, resident of village- Delho, P.S. Madhuban, District- East Champaran 20. Ram Nath Das, son of Late Bhuneshwar Das, resident of village- Gopalpur, P.S. Madhuban, District- East Champaran 21. Binod Kushwaha, son of Chattu Bhagat, resident of village- Bhelwan, P.S. Madhuban, District- East Champaran 22. Madhuri Devi, wife of Bindu Bhusan, resident of village- Madhuban, P.S. Madhuban, District- East Champaran ----------- For the petitioners: M/S Y.V. Giri, Sr. Advocate and Raju Giri, Advocate 2 For the State:- Mr. Raisul Haque, GP 5. For private Resp.:- M/S Ram Balak Mahto, & Yogesh Chandra Verma Sr.Advicates, K.Ravish & Javed Aslam, Advocates ----------- 8. 23.1.2009 Heard learned counsel for the petitioners, learned counsel for the State-respondents and learned counsels for the appearing respondents. The petitioner seeks quashing of the notice dated 29.7.2008 by which the special meeting of the Panchayat Samiti was convened for consideration of resolution of no confidence motion against the petitioner and also to declare the resolution passed in the meeting dated 6.8.2008 pursuant to the said notice as illegal and void ab initio. Learned counsel for the petitioners has raised three issues in support of his case. However, it is submitted by learned counsels for the appearing private respondents that they do not intend to oppose the writ petition and would be satisfied if permitted to proceed afresh in the matter. In the aforesaid view of the matter, the writ petition is allowed and the impugned notice dated 29.7.2008 and the resolution of no confidence passed in the special meeting held on 6.8.2008 are both quashed as also the requisition on the basis of which the proceedings were initiated. It goes without saying that since the requisition and notice as well as the resolution passed in the special meeting have all been quashed it would be open to the concerned respondents to 3 proceed afresh in the matter in accordance with law. S.Pandey (Ramesh Kumar Datta, J.)