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2019 Supreme(Pat) 744

RAJEEV RANJAN PRASAD
Sanju Kumari W/o Subhash Kumar Prasad – Appellant
Versus
State Of Bihar through Principal Secretary, Panchayat Raj Department, Bihar, Patna – Respondent


Advocates Appeared:
For the Petitioners: Mr.Shailesh Kumar
For the Respondents: Mr. Prabhat Ranjan, Mr. Ashok Kumar Mishra, Mr. Milind Kumar Mishra, Mr. Ansul, Advs.

JUDGMENT :

In this writ application the two petitioners are seeking quashing of notice vide letter no. 1827 dated 17.07.2018 issued by the Executive Officer, Panchayat Samiti cum-Block Development Officer, Bagaha - 1, West Champaran by which a special meeting of the Panchayat Samiti Members for discussion on “No Confidence Motion” against the Pramukh (respondent no. 34) was fixed on 21.07.2018. The petitioners are also seeking issuance of a writ of certiorari to quash the letter no. 1853 dated 21.07.2018 issued by the Executive Officer, Panchayat Samiti cum-Block Development Officer, Bagaha - 1, West Champaran whereby one vote casted in the meeting was declared cancelled and accordingly the no confidence motion against the Pramukh (respondent no. 34) was defeated.

2. The prayer of the petitioners is to declare that the entire procedure adopted by the Executive Officer Panchayat Samiti is illegal and is a result of conspiracy hatched between the Pramukh and the officer concerned to defeat the special meeting of no confidence.

Brief Facts

3. The facts are not in dispute. Petitioners are the elected members of the Panchayat Samiti, Block Bagaha – I, West Champaran from area no. 13 and 31

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