IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14563 of 2010 KAMINI DEVI, wife of Bhola Kant Jha, resident of village-Sir Khandi Bhitha (Pachhmi), P.S.-Sursand, District-Sitamarhi. At present hold the post of Pramukh under the Block Sursand, District-Sitamarhi. .. .. .. .. .. Petitioner Versus 1. The State of Bihar 2. The State Election Commission, Bihar through its Secretary State Election Commission, Bihar. 3. The District Election Officer (Panchayat)-cum-District Magistrate, Sitamarhi. 4. The District Panchayat Raj Officer, Sitamarhi. 5. The Executive Officer-cum-Block Development Officer, Sursand, District-Sitamarhi. 6. Sub-Divisional officer, Pupari,District-Sitamarhi. 7. Sangeeta Devi, Member of Panchayat Samiti, Sursand. 8. Ali Hasan Nadaf, Member of Panchyat Samiti, Sursand. 9. Aslam Khan, Member of Panchayat Samiti, Sursand. 10. Rajdeo Rai, Member of panchayat Samiti, Sursand. 11. Akhileshwar Thakur, Member of Panchayat Samiti, Sursand. 12. Gopal Tiwari, Member of Panchayat Samiti, Sursand. 13. Raghunath Das, Member of Panchayat Samiti, Sursand. 14. Ram Pari Devi, Member of Panchayat Samiti, Sursand. 15. Javed Ekbal, Member of Panchayat Samiti, Sursand. 16. Vandana Devi, Member of Panchayat Samiti, Sursand. 17. Shankar Thakur, Member of Panchayat Samiti, Sursand. 18. Bharti Devi, Member of Panchayat Samiti, Sursand. 19. Seema Singh, Member of Panchayat Samiti, Sursand. 20. Sangeeta Devi, Member of Panchayat Samiti, Sursand. 21. Jagat Devi, Member of Panchayat Samiti, Sursand. 22. Shail Devi, Member of Panchayat Samiti, Sursand. 23. Ruksana Pravin, Member of Panchayat Samiti, Sursand. 24. Amrendra Lal Karn, Member of Panchayat Samiti, Sursand. 25. Yogendra Paswan, Member of Panchayat Samiti, Sursand. 26. Shanti Devi, Member of Panchayat Samiti, Sursand. 27. Dulari Devi, Member of Panchayat Samiti, Sursand. 28. Hasan Bano, Member of Panchayat Samiti, Sursand. 29. Krishna Deo Jha, Member of Panchayat Samiti, Sursand. 30. Laxman Kumar Chaturvedi, Member of Panchayat Samiti, Sursand through Executive Officer-cum-Block Development Officer, Surdand, District-Sitamarhi. .. Respondents. ----------- For the Petitioner : M/s Sharda Nand Mishra & Ashok Kumar Jha, Advocates For the State Election Commission :Mr. Sanjeev Nikesh,Advocate For the State : Mr. Sunil Kumar, A.C. to G.A.4 For the Private respondents : M/s. S.B.K.Mangalam & Nalin Kumar, Advocates. -------------- 2 03/ 28-09-2010 Heard learned counsel for the petitioner, learned counsel for the State of Bihar and its authorities as well as learned counsel for the State Election Commission and its authorities and also heard learned counsel for respondents no. 8, 9, 12, 16, 19, 20, 21, 22, 25, 27 and 28, who were requisitionists. This writ petition has been filed by the petitioner, who is a Pramukh of Sursand Block Panchayat Samiti in the district of Sitamarhi, challenging notice dated 29-08-2010 (Annexure-5) issued by the Executive Officer-cum- Block Development Officer, Sursand (respondent no.5) fixing 03-09-2010 as the date for holding special meeting to consider no confidence motion against the Pramukh (petitioner ). The petitioner has challenged the said notice on the ground that it was in complete violation of Section 44 (3)(i) and Section 46(4) of the Panchayat Raj Act, 2006. Vide order dated 01- 09-2010 this Court has stayed the operation of the impugned notice. Learned counsel for the above mentioned respondents, who being the requisitionists are the main contesting party, accepts that the said notice is in violation of Section 44(3)(i) and Section 46(4) of the aforesaid Act and hence he states that he has got no objection if the impugned notice is quashed and the Executive officer is directed to issue a fresh notice in accordance with law. Considering the above submissions made by the learned counsel for the parties and considering the materials on record it transpires that the impugned notice dated 29-08-2010 (Annexure-5) 3 issued by the Executive Officer-cum-Block Development Officer, Sursand (respondent no.5) is in violation of the specific provisions of law and is accordingly quashed. Accordingly, this writ application is allowed with a direction to the Executive Officer-cum-Block Development Officer, Sursand to issue a legal and fresh notice to all the members of the Panchayat Samiti, giving at least seven clear days time for the special meeting and also mentioning the allegations/charges levelled against the Pramukh (petitioner) within fifteen days from the date of receipt/production of a copy of this order. A.H./ ( S. N. Hussain, J. )