IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14927 of 2010 KUMARI SANJU SINHA, W/o Sri Shashi Ranjan, R/o Village- Bhadaul, P.S.-Hilsa, District- Nalanda. ……….. Petitioner Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Nalanda at Bihar Sharif. 3. The Block Development Officer-cum-Executive Officer, Hilsa Block, District-Nalanda. 4. Arun Kumar Chaudhary, name of father not known to the petitioner, Up-Pramukh of Panchayat Samiti, Hilsa, District-Nalanda. 5. Bharti Kumari, name of the husband not known to the petitioner. 6. Birju Prasad, name of father not known to the petitioner. 7. Abhay Kumar, name of father not known to the petitioner 8. Aruna Devi, Wofe of Sri Siyasharan Paswan. 9. Munna Kumar, name of father not known to the petitioner. 10. Ranjeet Kumar, name of father not known to the petitioner. 11. Manju Singh, name of husband not know to the petitioner. 12. Manoj Paswan, name of father not known to the petitioner. 13. Shiv Kumari Devi, Name of husband not known to the petitioner. 14. Devanti Devi, name of husband not known to the petitioner. 15. Baleshwar Prasad, name of father not known to the petitioner 16. Dayanand Ravidas, name of father not known to the petitioner. 17. Nankhi Devi, name of husband not known to the petitioner. 18. Sunita Devi, name of husband not known to the petitioner. 19. Kanti Devi, name of husband not known to the petitioner. 20. Jayanti Devi, name of husband not known to the petitioner. 21. Uma Devi, name of husband not known to the petitioner. 22. Sanju Devi, name of husband not known to the petitioner. 23. Mrs. Aruna Devi, wife of Shri Paras Nath Ram. All the members of Panchayat Samiti, Hilsa, District- Nalanda. ………. Respondents. For the petitioner : Mr. Alok Kumar No. 1, Advocate. Mr. Bhola Kumar, Advocate. For the State : Mr. Prashan Kr. Choudhary, AC to G.P.-VII. For Respondent no. 11 : Mr. Harendra Pd. Singh, Advocate. Mr. Ashok Kumar, Advocate. ----------- 2. 21-09-2010 1. Heard learned counsel for the petitioner, learned counsel for the State of Bihar and its authorities as well as learned counsel for the private respondent no. 11. 2. Through this writ petition the petitioner challenges requisition dated 27-08-2010(Annexure-1) sent to the Pramukh 2 (Petitioner) by which special meeting for No Confidence Motion against her was called by the members of the Panchayat Samiti. 3. I.A. No. 8264 of 2010 has been filed on behalf of the petitioner for adding relief challenging notice dated 15-09-2010 (Annexure-4) issued by the Executive Officer (Respondent no. 3) at the instance of Up-Pramukh for holding special meeting of No Confidence Motion on 24-09-2010. 4. Learned counsel for the respondents vehemently opposes the contention of the learned counsel for the petitioner stating that the requisition by more than 1/3rd members of the Panchayat Samiti dated 27-08-2010 (Annexure-1) is quite legal and proper. He further submits that notice dated 15.09.2010 (Annexure-4) was issued by the Executive Officer at the instance of the Up-Pramukh in accordance with the provision of Section 44(3) of the Bihar Panchayat Raj Act, 2006 hereinafter referred to as ‘Act’ when the Pramukh (petitioner ) failed to heed to the request of the members made in their requisition. He thus submits that the writ petition is fit to be dismissed. 5. From the averments made by the learned counsel for the parties and the materials on record, it is quite apparent that the Election for Panchayat Samiti Hilsa in the District of Nalanda was held in the year 2006 and subsequently the petitioner was elected as Pramukh of the said Panchayat Samiti w.e.f. 21.08.2008. It further transpires after completion of two years requisition dated 27-08-2010(Annexure-1) was sent by more than one third members 3 of the Panchayat Samiti before the Pramukh (Petitioner) for holding a special meeting of No Confidence Motion against the petitioner on the charges clearly stated in the said requisition. In the said circumstances, this court does not find any illegality in the said requisition of the members, which is in accordance with law. 6. So far as the notice dated 15-09-2010 (Annexure- 4) is concerned, it is quite apparent that after passage of more than 15 days of the requisition when no step was taken by the Pramukh (Petitioner), a direction was issued by the Up-Pramukh (Respondent no. 4) to the Executive Officer (Respondent no. 3) to issue notice calling for a special meeting of No Confidence Motion as per the requisition. On the said direction, notice dated 15-09- 2010 (Annexure-4) was issued by the Executive Officer(Respondent no. 3) fixing the date 24-09-2010 as the date of special meeting for considering No Confidence Motion against the Pramukh(Petitioner). 7. So far as the direction of Up-Pramukh is concerned, this court does not find any illegality in the direction of the Up-Pramukh but the requirements of the notice as provided under section 46(4) of the Act includes that the allegation/charges against the Pramukh (Petitioner) against whom No Confidence Motion has been brought has to be mentioned in the said notice. The said provision of law is fully supported by the decision of a Division Bench of this Court in Case of Sindhu Devi & Ors. Vs. State of Bihar and Ors. reported in 2002(1) PLJR, 281. 4 8. From a bare perusal of the notice dated 15-09-2010 issued by the executive Officer, it is quite apparent that no allegation/charges against the Pramukh (Petitioner) has been mentioned therein. In the said circumstances, this court is constrained to quash the said notice dated 15-09-2010 (Annexure- 4) in view of the aforesaid provision of law. 9. Accordingly, this writ petition is allowed with a direction to the Executive Officer to issue fresh notice according to the provision of Section 46(4) of the Act on the basis of the existing requisition dated 27-11-2010(Annexure-1) as well as the direction of the Up-Pramukh giving clear seven days time for the special meeting and mentioning the allegation and charges levelled in the requisition. Such notice must be issued by the Executive Officer within one week from the date of production/receipt of a copy of this order. Sujit ( S.N.Hussain, J.)