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2009 Supreme(Pat) 1199

RAMESH KUMAR DATTA
Sanjay Das – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. All the writ applications raise the common issue pertaining to the power of the State Election Commission to cancel the election of Pramukh/Up-Pramukh of a Panchayat Samiti in a special meeting convened by the Sub-Divisional Officer on the ground that the State Election Commission was not informed about the vacancy and no direction sought from it for proceeding to fill up the vacancy by holding election for the said post and accordingly they have been heard together and are being disposed of by this common order.

2. The facts of the cases lie within a narrow compass.

3. In all the writ petitions the offices of the Pramukh and/or Up-Pramukh became vacant due to the resignation of the said office bearers or their removal from the said office by motion of No confidence. After the vacancies arose it is alleged that a notice in Form 24 was issued by the respondent Sub-Divisional Officer under Rule 87 of the Bihar Panchayat Election Rules convening a meeting of the Panchayat Samiti concerned. In the said meeting the petitioners were elected or granted certificates and took oath of their respective offices. The matter was communicated to the District Magistrate-cuim-District E




















































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