SHIVA KIRTI SINGH, DIPAK MISRA
Shamshad Khatun W/o Shri Taufik Ahmad – Appellant
Versus
State Of Bihar – Respondent
Dipak Misra, J.
1. Questioning the soundness of the order dated 7.1.2010 passed by the learned Single Judge in CWJC No. 18104 of 2009 the appellant has invoked the appellate jurisdiction of this Court under Clause 10 of the Letters Patent.
2. The factual matrix, as have been unfolded in the writ petition as well as in this appeal, are the appellant was elected as Pramukh of Fatuha Block under the provisions of Bihar Panchayat Raj Act, 2006 (for brevity the Act). While she was functioning as the Pramukh, the members of the Panchayat Samiti sent a requisition on 5.12.2009 for convening a special meeting for No Confidence Motion against her. On the basis of the said requisition, the Block Development Officer-cum-Executive Officer issued notice for convening a special meeting on 12.12.2009. On the date fixed, a No Confidence Motion after being mooted was passed against the appellant. The appellant, as is evident, participated in the No Confidence Motion, which was passed against her and she became unseated. After the post fell vacant, the State Election Commission communicated to the District Magistrate-cum-Election Officer, Patna fixing 11.1.2010 for the date of election of n
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