IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14614 of 2010 1. URMILA DEVI W/O SRI PREMCHAND CHAUDHARY R/O VILL.- SIRDALA, P.O. AND P.S.- SIRDALA, DISTT.- NAWADA, PRESENTLY PRAMUKH OF THE BLOCK PANCHAYAT SAMITI, SIRDALA, DISTT.- NAWADA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY PANCHAYATI RAJ DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR, PANCHAYATI RAJ DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE, NAWADA DISTT.- NAWADA 5. THE DISTRICT PANCHAYAT RAJ OFFICER, NAWADA DISTT.- NAWADA 6. THE SUB-DIVISIONAL OFFICER, RAJAULI, DISTT.- NAWADA 7. THE BLOCK DEVELOPMENT OFFICER-CUM-EXECUTIVE OFFICER BLOCK PANCHAYAT SAMITI, SIRDALA, DISTT.- NAWADA 8. SRI ARJUN SAO S/O NOT KNOWN TO THE PETITIONER PRESENTLY UP-PRAMUKH OF THE BLOCK PANCHAYAT SAMITI, SIRDALA, DISTT.- NAWADA 9. SMT. SARASWATI DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE BLOCK PANCHAYAT SAMITI, SIRDALA, DISTT.- NAWADA THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, SIRDALA, DISTT.- NAWADA 10. SMT. KAMLA DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE BLOCK PANCHAYAT SAMITI, SIRDALA, DISTT.- NAWADA THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, SIRDALA, DISTT.- NAWADA 11. SRI RAMCHANDRA RAJBANSHI S/O NOT KNOWN TO THE PETITIONER MEMBER OF THE BLOCK PANCHAYAT SAMITI, SIRDALA, DISTT.- NAWADA THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, SIRDALA, DISTT.- NAWADA 12. SRI BAL CHANDRA RAJBANSHI S/O NOT KNOWN TO THE PETITIONER MEMBER OF THE BLOCK PANCHAYAT SAMITI, SIRDALA, DISTT.- NAWADA THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, SIRDALA, DISTT.- NAWADA 13. SMT. ARUNA DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE BLOCK PANCHAYAT SAMITI, SIRDALA, DISTT.- NAWADA THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, SIRDALA, DISTT.- NAWADA 14. SMT. GAYATRI DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE BLOCK PANCHAYAT SAMITI, 2 SIRDALA, DISTT.- NAWADA THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, SIRDALA, DISTT.- NAWADA 15. SMT. SARITA DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE BLOCK PANCHAYAT SAMITI, SIRDALA, DISTT.- NAWADA THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, SIRDALA, DISTT.- NAWADA 16. SRI BRAHMDEO PRASAD S/O NOT KNOWN TO THE PETITIONER MEMBER OF THE BLOCK PANCHAYAT SAMITI, SIRDALA, DISTT.- NAWADA THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, SIRDALA, DISTT.- NAWADA 17. MD. MOIM S/O NOT KNOWN TO THE PETITIONER MEMBER OF THE BLOCK PANCHAYAT SAMITI, SIRDALA, DISTT.- NAWADA THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, SIRDALA, DISTT.- NAWADA 18. SRI DILIP KUMAR S/O NOT KNOWN TO THE PETITIONER MEMBER OF THE BLOCK PANCHAYAT SAMITI, SIRDALA, DISTT.- NAWADA THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, SIRDALA, DISTT.- NAWADA 19. SMT. PARIYA DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE BLOCK PANCHAYAT SAMITI, SIRDALA, DISTT.- NAWADA THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, SIRDALA, DISTT.- NAWADA 20. SMT. AJMERI KHATOON W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE BLOCK PANCHAYAT SAMITI, SIRDALA, DISTT.- NAWADA THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, SIRDALA, DISTT.- NAWADA 21. SMT. SUSHMA DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE BLOCK PANCHAYAT SAMITI, SIRDALA, DISTT.- NAWADA THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, SIRDALA, DISTT.- NAWADA 22. SRI LALOO PRASAD TANTI S/O NOT KNOWN TO THE PETITIONER MEMBER OF THE BLOCK PANCHAYAT SAMITI, SIRDALA, DISTT.- NAWADA THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, SIRDALA, DISTT.- NAWADA 23. SRI RAJENDRA RAM S/O NOT KNOWN TO THE PETITIONER MEMBER OF THE BLOCK PANCHAYAT SAMITI, SIRDALA, DISTT.- NAWADA THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, SIRDALA, DISTT.- NAWADA 24. SMT. URMILA DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE BLOCK PANCHAYAT SAMITI, 3 SIRDALA, DISTT.- NAWADA THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, SIRDALA, DISTT.- NAWADA 25. SMT. KANTI DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE BLOCK PANCHAYAT SAMITI, SIRDALA, DISTT.- NAWADA THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, SIRDALA, DISTT.- NAWADA 26. SRI RAM BALAK SINGH S/O NOT KNOWN TO THE PETITIONER MEMBER OF THE BLOCK PANCHAYAT SAMITI, SIRDALA, DISTT.- NAWADA THROUGH THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, SIRDALA, DISTT.- NAWADA 27. SMT. NILU DEVI W/O NOT KNOWN TO THE PETITIONER MEMBER OF THE BLOCK PANCHAYAT SAMITI, SIRDALA, DISTT.- NAWADA THROUGH THE EXECUTIVE OFFICER- CUM-BLOCK DEVELOPMENT OFFICER, SIRDALA, DISTT.- NAWADA ----------- 5. 7.12.2010 Heard learned counsel for the petitioner, for the State and for the private respondents. The petitioner is aggrieved by the notice dated 30.8.2010, issued by the Block Development Officer directing the petitioner as a Pramukh to convene a special meeting for discussion on the No Confidence Motion moved against her by the private respondents. Counsel for the petitioner makes a limited submission with regard to the provision of Section 44(3)(v) of the Bihar Panchayat Raj Act (hereinafter referred to as the ‘Act’), that the notice does not mention the reasons/charges on which the No Confidence Motion was proposed to be moved. It is next submitted that on the face of the notice, the 4 requirement under Section 44(4) of the Act does not stand fulfilled as seven clear days notice of the special meeting has not been given. The notice dated 30.8.2010 directs convening of the meeting on 1.9.2010. Counter affidavit has been filed on behalf of the Block Development Officer which does not deal or answer the issues of fact raised on behalf of the petitioner. Likewise, counsel for the private respondents is also not in a position to satisfy the Court of compliance with statutory requirement for summoning of the meeting. The requisition dated 30.8.2010 being contrary to the Act is not sustainable. It is accordingly set aside and any resolution passed on basis of the same is therefore also set aside. Nothing in this order precludes democracy from working. The application is allowed. P. Kumar ( Navin Sinha, J.)