KHURSHID ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN both the writ petitions similar questions are involved. They have been heard together and are being disposed of by this common order.

(2.) THE petitioner in C.W.J.C. No. 11945/ 2002 is Up -Pramukh and the petitioner in C.W.J.C. No. 11946/2002 is Pramukh of Mainatand Panchayat Samiti, district West Champaran, Bettiah. They filed their nominations for the members of the Panchayat Samiti. Election was held and they were elected members of the Panchayat Samiti. Thereafter, election of Pramukh and Up - Pramukh was held. The petitioners thereafter, were elected Up -Pramukh and Pramukh respectively of the Panchayat Samiti on 13.6.2001. A petition expressing no confidence was filed before the Pramukh for convening special meeting. However, no special meeting was called. Thereafter, some of the members filed application on 27.9.2002 before the Block Development Officer -cum -Executive Officer of the Panchayat Samiti for convening special meeting expressing no confidence against the petitioners. The Executive Officer passed order fixing 9.10.2002 as the date for special meeting. The special meeting was held on 9.10.2002 under the Chairmanship of Up -Pramukh. In the meeting members of the Panchayat Samiti started quarrelling amongst themselves due to which some of the members of the Panchayat Samiti left the meeting. However, the Executive Officer vide letter dated 10.10.2002 forwarded copy of the proceeding of the meeting dated 9.10.2002 to the Sub -divisional Officer, Narkatiyaganj and the District Panchayat Officer, Bettiah intimating to them that motion of no confidence against the petitioners has been passed by 12 votes out of total 22 elected members, Annexure -1.The petitioners have challenged the proceeding wherein it has been said that no confidence motion against the petitioners has been passed.

(3.) REST of the respondents also appeared and filed counter -affidavits but those are not necessary to be dealt with in view of their stand.