IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15405 of 2009 CHAMPA DEVI W/O SRI RAMKRIPAL PRAJAPAT @ BHAGWAN PRAJAPT, R/O VILL- ADAI, P.S- KONCH, DISTT- GAYA. VERSUS 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY. PANCHAYAT RAJ DEPARTMENT, BIHAR, PATNA 3. THE COMMISSIONER, MAGADH DIVISION, GAYA 4. TH DISTRICT MAGISTRATE, GAYA 5. THE SUB-DIVISIONAL OFFICER, TEKARI, DISTT- GAYA 6. THE DISTRICT PANCHAYAT RAJ OFFICER, GAYA 7. THE SECRTARY-CUM-CHIEF EXECUTIVE OFFICER, PANCHAYAT SAMITI KONCH, DISTT- GAYA 8. THE BLOCK DEVELOPMENT OFFICER, KONCH, DISTT- GAYA ----------- 02 13.04.2010 The petitioner is the Block Pramukh of Konch Block Panchayat Samiti. She has filed this writ petition for a direction to the respondent-Block Development Officer, who is the Executive Officer of the Panchayat Samiti, to permit her to function as a Block Pramukh. Having heard the learned counsel for the petitioner, in my view, the writ petition is misconceived and deserves to be dismissed as such. The petitioner suffered a no-confidence motion, consequent whereof, elections were to be held. She filed writ petition being C.W.J.C. No.13457 of 2008, in which the only interim order that was passed on 18.09.2008 was restraining fresh election but the resolution of no confidence motion as passed against the petitioner was not stayed or made inoperative. If that be so then the present writ petition cannot be entertained as - 2 - petitioner has suffered no confidence motion and would be deemed to have vacated the office. In this writ petition, the no confidence motion cannot be challenged, because it is the subject matter of challenge in the other writ petition. Thus, no relief at all can be granted in this writ petition. It is misconceived. Petitioner may seek her remedy in other writ petition which is pending. The writ petition is dismissed. Trivedi (Navaniti Prasad Singh, J.)