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2010 Supreme(Pat) 432

MIHIR KUMAR JHA, DIPAK MISRA
Sunaina Devi – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

DIPAK MISRA, J.

1. In this appeal, preferred under Clause X of the Letters Patent, the subject-matter of assail is the order dated 14th August, 2008 passed by the learned Single Judge in C. W. J. C. No. 15843 of 2007 (reported in AIR 2009 (NOC) 243) (Pat), whereby he has overturned the order dated 8th November, 2007 passed by the Member, Board of Revenue in Panchayat Raj Appeal No. 32 of 2007, wherein the appellate authority had reversed the order dated 13th June, 2007 passed by the Divisional Commissioner, Bhagalpur, who had passed an order under Section 44(4) of the Bihar Panchayat Raj Act, 2006 (for brevity, the Act), whereby he had directed removal of the fourth respondent herein as Pramukh of the Panchayat Samiti for having incurred disqualification under Section 46(3) of the Act as she had not held the meeting as commanded under the said Act.

2. Shorn of unnecessary details the facts are that on the basis of a complaint made by one Shweeta Devi, the writ petitioner, along with other members of the Panchayat Samiti a proceeding under Section 44(4) was initiated by the Divisional Commissioner. The principal allegation against the elected Pramukh was that she had not co













































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