IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.961 of 2009 Binay Kumar Singh, son of late Kamleshwari Singh, resident of Village- Rajdham, Post Mahesh Khunt, P.S. Maheshkhunt, Distt- Khagaria, presently working as Elected Up-Pramukh, Panchayat Samiti, Gogri. Versus 1. The State of Bihar 2. District Magistrate, Khagaria 3. Sub-Divisional Magistrate, Khagaria, 4. The Executive Officer-cum-Block Development Officer, Gogri Block, Distt- Khagaria 5. The Pramukh, Panchayat Samiti Gogri, Distt. Khagaria 6. Dinesh Kumar Singh, son of Dhadhuri Singh, resident of Village Dharmpur Temha Banni, P.O. & P.S. Maheshkhunt, Distt. Khagaria 7. Naresh Singh, son of Vishundeo Singh, resident of Village-Sirjuaw Banni P.O. & P.S. Maheshkhunt, Distt. Khagaria 8. Rajesh Kumar Gupta, son of late Muneshwar Gupta, resident of Village + P.O. + P.S. Maheshkhunt, Distt. Khagaria 9. Surya Narayan Paswan, son of Batoram Paswan, resident of Village + P.O.+P.S. Gogari, Distt. Khagaria 10. Indu Devi, wife of Ajit Singh, resident of Village- Ithari P.O. + P.S. Jamalpur, Distt. Khagaria 11. Ranjit Singh @ Ranjit Kumar, Village + P.O. Sherchakala, P.S. Gogari, Distt. Khagaria 12. Rupam Mishra, W/O Bhagwan Mishra, resident of village-Ratan Mathurapur, P.O. + P.S. Jamalpur, Distt. Khagaria 13. Anil Sharma, S/O Ramdhari Sharma, resident of village- Aunta P.O. + P.S. Jamalpur, Distt. Khagaria 14. Kiran Devi, W/O Ashok Paswan, resident of Village – Navtolia Banni P.O. + P.S. Maheshkhunt, Distt. Khagaria 15. Khushida Khatun, W/O Samaduddin, resident of Village- Muskipur Jamalpur, P.O. + P.S. Jamalpur, Distt. Khagaria 16. Lalita Devi, W/O Kailash Yadav, resident of Village + P.O. Virvash, P.S. Pasaraha, Distt.- Khagaria 17. Amrita Devi, daughter of Mukesh Sharma, resident of Village- Devatha, P.S. Pasaraha, Distt. Khagaria 18. Mira Devi, daughter of Madhav Singh, resident of village Piparpanti, P.O. + P.S. Pasaraha, Distt. Khagaria 19. Awadhesh Kumar Mishra, son of Shashi Bhushan Mishra, resident of Village – Shirnea, P.O. + P.S.Jamalpur, Distt. Khagaria 20. Niyaj Ahmad, S/O Abdul Kudush, resident of Village + P.O. Baurna, P.S. Mahesh Khunt, Distt. Khagaria 21. Shanti Devi, W/O Virchand, resident of Village- Sondiha, P.O. + P.S. Pasaraha, Distt. Khagaria 22. Subodh Yadav, son of Moti Yadav, resident of Village- Shergadh, P.O. + P.S. Gogri, Jamalpur, Distt. Khagaria. ----------- - 2 - For the petitioner: M/S. Ashok Kumar Choudhary and Ansudhar Sharma, Advocates For the State: Mr. Ashutosh Singh, A.C. to G. P. VIII For Respondent No. 6: Mr. S.B.K.Mangalam, Advocate ---------- 3. 22.01.2009 Mr. S.B.K.Mangalam, Advocate files Vakalatnama for respondent no. 6. Let the same be kept on the record. Mr. Ashok Kumar Choudhary, learned counsel for the petitioner, after some arguments, seeks permission to withdraw the writ petition with a liberty to the petitioner to pursue the remedies available to him under the law. Learned counsel for respondent no. 6 has, after the submissions of learned counsel for the petitioner, pointed out that the petitioner was earlier removed from the office of Up-Pramukh by a resolution of no confidence passed on 2.8.2008, which order was never challenged by the petitioner and subsequently an election was held to the vacant post of Up-Pramukh in which the petitioner also participated but lost and one Subodh Yadav had been elected as Up- Pramukh of the Gogri Panchayat Samiti. The petitioner did not even challenge the said election of Subodh Yadav on the post of Up- Pramukh. In the same special meeting held on 2.8.2008 the Pramukh of the said Panchayat Samiti, namely, Sita Devi, had also been removed by the motion of no confidence which was challenged by filing CWJC No. 11464/2008 which was allowed by order dated 2.12.2008 and the notice as well as the resolution of no confidence against her were both quashed and the subsequent election of - 3 - respondent no. 6 of the said case on the post of Pramukh was also set aside. It is thus, submitted by learned counsel for respondent no. 6 that the petitioner has been wrongly allowed to function against the post of Up-Pramukh under a wrong understanding of law by the authorities, but, as a matter of fact, he is not the Up-Pramukh and thus no question of removing him through a further no confidence motion can arise and the entire writ petition in this regard is misconceived. In the said circumstances, the aforesaid prayer for withdrawal of the writ petition has been made by learned counsel for the petitioner. The writ petition is accordingly dismissed as withdrawn with the aforesaid liberty. S.Pandey (Ramesh Kumar Datta, J.)