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2008 Supreme(Pat) 1695

RAMESH KUMAR DATTA
Suryadeo Kumar, Son Of Late Gyan Yadav – Appellant
Versus
State Of Bihar Through The Secretary, Department Of Panchayati Raj – Respondent


JUDGEMENT

Ramesh Kumar Datta, J.

1. Heard learned Counsels for the parties.

2. Both the writ applications pertain to the same set of transactions in relation to No Confidence Motion against the Pramukh of Chanan Panchayat Samiti passed in special meeting dated 14.7.2008 and, accordingly, they have been heard together and are being disposed of by this common order.

3. The writ petitioners, who are elected members of the Panchayat Samiti, in C.W.J.C. No. 11518/2008 seek quashing of the direction/communication of the District Magistrate, Lakhisarai to the Block Development Officer-cum-Executive Officer, Chanan Panchayat Samiti by letter No. 1874 dated 20.7.2008 (Annexure-7) staying the decision of the Chanan Panchayat Samiti dated 14.7.2008, by which No Confidence Motion against the Pramukh had been passed and further to hold that the decision of the said Panchayat Samiti dated 14.7.2008 is legal and for consequential reliefs.

4. The petitioner in C.W.J.C. No. 12005/2008 is the Pramukh of the said Panchayat Samiti and seeks quashing of letter No. 802 dated 5.7.2008 (Annexure-2) issued by the Block Development Officer-cum-Executive Officer, Chanan Panchayat Samiti, by which notices have











































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