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2008 Supreme(Pat) 1768

RAMESH KUMAR DATTA
Kela Devi – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. Heard learned counsel for the parties in both the writ petitions which relate to the same proceedings of no confidence motion in respect of Pramukh of Karpi Panchayat Samiti and, accordingly, they have been heard together and are being disposed of by this common order.

2. The petitioner in C.W.J.C. No. 13182/2008 prays for quashing of the proceedings of no confidence motion dated 19.8.2008 and also for quashing the notice dated 14.8.2008 (Annexure-2) issued by respondent No.5, the Block Development Officer-cum-Executive Officer, Karpi in violation of the provisions of Section 46(4) of the Bihar Panchayat Raj Act, 2006 .

3. The petitioner of C.W.J.C. No. 13613/2008, who is the Pramukh of the said Panchayat Samiti, on the other hand, seeks quashing of the letter/order contained in memo No. 179 dated 28.8.2008 issued by the District Magistrate, Arwal, by which he has directed the Block Development Officer, Karpi to again fix a date to convene the special meeting for considering the proposal for no confidence motion dated 5.8.2008 after holding that the resolution passed in the meeting dated 19.8.2008 is void and non-existent as only five days time was given instead of 7 da









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