IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8934 of 2009 **** 1. Shanti Devi, wife of Jitendra Prasad Singh, resident of village- Rewari, P.O. Rewari, P.S. Kopa, District-Saran. 2. Bhuneshwar Singh, son of late Vishwanath Singh, resident of village- Rampur Noor Nagar, P.O. Kahi, P.S. Jalalpur, District-Saran. …. …. Petitioners Versus 1. The State of Bihar. 2. The Collector, Saran, Chapra. 3. The Executive Officer (Karyapalak Padadhikari) cum Block Development Officer, Panchayat Samiti, Jalalpur, P.O. and P.S. Jalalpur, District-Saran. 4. Mr. Manoj Kumar, Karyapalak Padadhikari cum B.D.O., Jalalpur, P.O. and P.S. Jalalpur, District-Saran 5. The D.C.L.R., Chapra Sadar, Chapra. 6. Mr. Anjani Kumar, D.C.L.R., Chapra Sadar, Chapra. …. …. Respondents 1st set. 7. Sangeeta Devi, wife of Mukesh Kumar Singh, Pramukh Jalalpur Panchayat Samiti, resident of village- Chatara, P.O. Chatara Via Samhota, P.S. Kopa, District-Saran. …. …. Respondent 2nd set. 8. Surendra Mahto, member Panchayat Samiti, son of Gurucharan Mahto, resident of village- and P.O. Shankerdih, P.S. Jalalpur, District-Saran. 9. Ram Pukar Singh, son of late Ramayan Singh, resident of village- Majhwaliya, P.O. Majlishpur, P.S. Kopa, District-Saran. 10. Kamaldeo Singh, son of Chandeshwar Singh, resident of village- Bhatkeshari, P.O. Bhatkeshari, P.S. Jalalpur District-Saran. 11. Dwarika Mahto, son of Banarasi Mahto, resident of village- Nawada P.O. Nawada, P.S. Jalalpur District-Saran. 12. Mohan Shah, son of Panna Lal Sah, resident of village- Kumna, P.O. Kumna, P.S. Kopa, District-Saran. 13. Pradeep Manjhi son of Singasan Manjhi, resident of village- Khorodih, P.O. Sawari, Bakshiji, P.S. Kopa, District-Saran. 14. Munna Manjhi, son of Bansi Manjhi, resident of village- Jalalpur, P.O. & P.S. Jalalpur, District Saran. 15. Manju Devi, W/o Brajendra Gupta, resident of village- Deoriya, P.O. Hasulahi, P.S. Kopa, District-Saran. 16. Shail Singh, W/o Upendra Singh, resident of village- Kotheya, P.O. Kotheya, P.S. Jalalpur District-Saran. 17. Kanti Devi @ Lagantee Devi, W/o Bijendra Manjhi, resident of village- Ashok Nagar, P.O. Ashok Nagar, P.S. Jalalpur District-Saran. …. …. Respondents 3rd set. ----------- For the petitioners : Mr. S.S. Dwivedi, Senior Advocate Mr. Nagendra Rai, Advocate For the State : Mr. Arvind Kumar, Government Pleader-XVII For the State Election : Mr. Sanjeev Nikesh, Advocate Commission ------------ - 2 - 2. 31.7.2009. Heard counsel for the parties. Submission of learned senior counsel appearing for the petitioner is that it is evident from Annexure-3 that majority of the members who were present, except the Uppramukh were in agreement with the list of charges brought against the Pramukh and that is good enough to carry the vote of no confidence. There was no necessity thereafter to hold a secret ballot to decide the motion of no confidence. In support of the proposition reliance has been placed on a decision in the case of Bindu Devi v. State of Bihar, 2005(4) PLJR 113. The decision relied above does not answer the proposition urged does not state the correct proposition because the procedure, the law and the substantive section being what they are, the decision of no confidence does not warrant any interference. A vote of no confidence has to be held by a secret ballot and secondly a debate is not a final answer to the actual voting which has to take place. Admittedly, since out of 13 who participated the Up-Pramukh abstained and one person voted against the motion. In other words, there was a tie of 11 each of the 22 elected members. If that is the position then it cannot be said that the motion has been carried by the majority of the elected members. The writ application has not merit. It is dismissed. Pawan/- (Ajay Kumar Tripathi, J.)