IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15146 of 2009 1. DEVI PRASAD CHAUDHARY S/O SRI ANHOTI CHAUDHARY R/O VILL.- PANCHTAKI RAM, P.O. PANCHTAKI JADU, P.S. BAIRGANIA, DISTT.- SITAMARHI, PRESENTLY THE PRAMUKH OF BAIRGANIA BLOCK PANCHAYAT SAMITI, DISTT.- SITAMARHI Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, PANCHAYATI RAJ DEPTT. GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 3. THE DIRECTOR, PANCHAYATI RAJ DEPTT. GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 4. THE DISTRICT MAGISTRATE, SITAMARHI DISTT.- SITAMARHI 5. THE SUB-DIVISIONAL OFFICER, SITAMARHI DISTT.- SITAMARHI 6. THE BLOCK DEVELOPMENT OFFICER-CUM- EXECUTIVE OFFICER BAIRGANIA BLOCK PANCHAYAT SAMITI, DISTT.- SITAMARHI 7. JAWAHAR PRASAD S/O SRI LAKSHMAN DEO SAH ELECTED MEMBER OF BAIRGANIA BLOCK PANCHAYAT SAMITI THROUGH THE BLOCK DEVELOPMENT OFFICER-CUM-EXECUTIVE OFFICER, BAIRGANIA BLOCK PANCHAYAT SAMITI, DISTT.- SITAMARHI 8. AJAY KUMAR S/O SRI RAM EKBAL MAHTO ELECTED MEMBER OF BAIRGANIA BLOCK PANCHAYAT SAMITI THROUGH THE BLOCK DEVELOPMENT OFFICER-CUM- EXECUTIVE OFFICER, BAIRGANIA BLOCK PANCHAYAT SAMITI, DISTT.- SITAMARHI 9. GUDDI DEVI W/O SUBODH KUMAR ELECTED MEMBER OF BAIRGANIA BLOCK PANCHAYAT SAMITI THROUGH THE BLOCK DEVELOPMENT OFFICER-CUM- EXECUTIVE OFFICER, BAIRGANIA BLOCK PANCHAYAT SAMITI, DISTT.- SITAMARHI 10. AMBEYA KHATOON W/O MD. LAL BABU ELECTED MEMBER OF BAIRGANIA BLOCK PANCHAYAT SAMITI THROUGH THE BLOCK DEVELOPMENT OFFICER-CUM- EXECUTIVE OFFICER, BAIRGANIA BLOCK PANCHAYAT SAMITI, DISTT.- SITAMARHI 11. FATMA BEGUM W/O MD. HIFJUL RAHMAN ELECTED MEMBER OF BAIRGANIA BLOCK PANCHAYAT SAMITI THROUGH THE BLOCK DEVELOPMENT OFFICER-CUM- EXECUTIVE OFFICER, BAIRGANIA BLOCK PANCHAYAT SAMITI, DISTT.- SITAMARHI 12. RANI DEVI W/O SRI RAM BABU PRASAD ELECTED MEMBER OF BAIRGANIA BLOCK PANCHAYAT SAMITI THROUGH THE BLOCK DEVELOPMENT OFFICER-CUM- EXECUTIVE OFFICER, BAIRGANIA BLOCK PANCHAYAT SAMITI, DISTT. SITAMARHI 2 13. RIYAZ KHAN S/O LATE NASRULLAH KHAN ELECTED MEMBER OF BAIRGANIA BLOCK PANCHAYAT SAMITI THROUGH THE BLOCK DEVELOPMENT OFFICER-CUM-EXECUTIVE OFFICER, BAIRGANIA BLOCK PANCHAYAT SAMITI, DISTT.- SITAMARHI 14. RAM BABU RAI S/O LATE PARMESHWAR RAI ELECTED MEMBER OF BAIRGANIA BLOCK PANCHAYAT SAMITI THROUGH THE BLOCK DEVELOPMENT OFFICER-CUM-EXECUTIVE OFFICER, BAIRGANIA BLOCK PANCHAYAT SAMITI, DISTT.- SITAMARHI 15. SAMA NAZ PRAVIN W/O MD. ERAR KHAN ELECTED MEMBER OF BAIRGANIA BLOCK PANCHAYAT SAMITI THROUGH THE BLOCK DEVELOPMENT OFFICER-CUM- EXECUTIVE OFFICER, BAIRGANIA BLOCK PANCHAYAT SAMITI, DISTT.- SITAMARHI ----------- 2 19.11.2009 In this writ application, which has been filed by Pramukh Baigania Panchayat, he has challenged the steps taken by other members of the Panchayat Samiti to get a meeting convened for the purposes of considering no confidence motion against him. There are many controversial facts and events . In nut shell a group of members of the Panchayat Samiti has been even trying to get a proper meeting conducted for considering ‘no confidence motion’ against the petitioner but the petitioner on one ground or the other ground has managed him to get the same postponed. Here again when the meeting is fixed for tomorrow, he has challenged the same on various grounds. One of the grounds has been that in less than a year back he had won vote of no confidence. Then his objection was that the grounds for ‘ no confidence ‘ is not disclosed. Then his objection is no confidence notice has been given to the Block Development Officer directly for fixing a date, which should have been done by the members themselves. 3 Be that as it may, to end this controversy, I direct that a special meeting of the Panchayat Samiti concerned would be held on 9.12.2009 (Wednesday).The petitioner and the Block Development Officer would ensure that notice of the said meeting for consideration of ‘no confidence motion’ on the ground , as mentioned in various letters/petitions/communications to the Block Development Officer would be held is circulated and served upon the members well within the statutory period. The Subdivisional Officer would ensure that all members are present and are not coerce or forcibly get out of the meeting against their will. The meeting would be chaired by the petitioner himself or in his absence as provided in law. All parties would then follow consequence out of the said meeting. In this view of the matter all objections, technical or otherwise to convene the meeting for tomorrow would be nullified. Learned counsel for the State would take steps to communicate this order to the concerned authority for proper compliance. This disposes of the writ petition. Let a copy of this order be given to learned AAG-10. Singh (Navaniti Prasad Singh, J.)