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2005 Supreme(Pat) 509

BARIN GHOSH
Rajendra Mehta – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard both the parties.

2. Petitioner was the erstwhile Pramukh of the Panchayat Samiti. He has been removed from the said post of Pramukh. In this writ petition, it is not the contention of the petitioner that the meeting which was convened to remove him from the post of Pramukh, was an invalidly convened meeting, for such contention is pending determination in yet another writ petition.

3. In the instant case, the petitioner has challenged the meeting held on 9th April, 2005 on three grounds. It appears that the notice was issued by B.D.O. on instruction of S.D.O. It appears that the notice was sent to all elected members but not to any of the non-elected members namely, the local Lok Sabha member, who is a member for being the current Lok Sabha member, or the member, who is a member for being the current Bidhan Sabha member, or the members, who are members by reason of being Mukhiyas of Gram Panchayats under the Samiti. It was contended that since notices had not been sent to those non-elected members, the meeting is bad. Inasmuch as those non-elected members were not issued notice and accordingly, since none of them was present, it was contended that the meeting had





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