IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10759 of 2008 SINDHU KUMAR PASWAN Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: Mr. Yogesh Chandra Verma,Senior Advocate Mr. Permand Prasad Sahi,Advocate Mr. Satish Kumar Sinha,Advocate For the Respondents: Mr.Sunil Kumar Mandal,Advocate Mr. Bipin Kumar,Advocate Mr. Ajay Tiwari,Advocate Mr. Om Prakash Srivastava,Advocate --- 7. 16.1.2009 Heard learned counsel for the parties. Pursuant to the direction of this Court a counter affidavit has been filed by the S.D.O. in which he has stated that the letter of resignation given by the petitioner on 19.7.2008 was withdrawn through his letter on 24.7.2008 ( wrongly typed as 24.9.2008 in the counter affidavit). In the said circumstances, the issue does not survive. Learned counsel for the petitioner submits that the special meeting was fixed on 26.7.2008 by the notice dated 19.7.2008 (Annexure-4) and the same is, thus, evidently in violation of the mandatory provisions of Section 46 (4) of the Bihar Panchayat Raj Act, 2006, which provides for clear seven days notice. Learned counsels for the respondents do not challenge the above proposition. In the aforesaid circumstances, the writ application is allowed. The notice dated 19.7.2008 ( Annexure-4) is quashed and the proceedings of the special meeting held on 26.7.2008, including the resolution of no confidence motion 2 passed against the petitioner are also quashed. VPS ( Ramesh Kumar Datta,J.)