IN THE HIGH COURT OF JUDICATURE AT PATNA. C.W.J.C.NO. 18903 Of 2010. MD. SHAMSAD ALAM, SON OF MD. YOUNISH, MEMBER PAGRA PANCHAYAT SAMITI-CUM-UP-MUKHIYA, BLOCK-DALSINGSARAI, DISTRICT- SAMASTIPUR :------PETITIONER. -VERSUS- 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, SAMASTIPUR. 3. THE SUB DIVISIONAL OFFICER, DALSINGSARAI, SAMASTIPUR. 4. THE EXECUTIVE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, DALSINGSARAI, SAMASTIPUR :----- RESPONDENTS. 2. 18.11.2010. Heard learned counsel for the petitioner and the State. 2. Petitioner is the Up-Pamukh of Dalsingsarai Panchayat Samiti. He is aggrieved by the contents of notice bearing Letter No. 1187 dated 08.11.2010, Annexure-2, whereunder the Executive Officer has called for the meeting of the Panchayat Samiti, Dalsingsarai to consider the No Confidence Motion against the petitioner on 19.11.2010 at 11 A.M. 3. It is submitted on behalf of the petitioner that aforesaid notice has been issued in violation of the provisions of Section 44 of the Bihar Panchayati Raj Act, 2006. He has also challenged the contents of the notice dated 08.11.2010 before the Collector, Samastipur who had earlier stayed similar notice dated 23.10.2010 under his order dated 30th October, 2010, Annexure-1. 2 4. Having heard counsel for the petitioner and the State, I direct the Collector, Samastipur to consider the representation of the petitioner dated 09.11.2010, Annexure-3 as early as possible and until consideration of the matter by the Collector, Samastipur, the meeting proposed under notice dated 08.11.2010, Annexure-2 shall remain stayed, such stay will be subject to the orders of the Collector, Samastipur. 5. The writ application is, accordingly, disposed of. 6. Counsel for the petitioner is directed to deposit the cost of fax by 4 P.M. so that this order may be transmitted to the Collector, Samastipur and B.D.O., Dalsingsarai through fax today itself. P.K.P. (V.N.Sinha,J.)