JUDGMENT

1. The petitioner was elected as Adhyaksha of Zila Parishad on 08.08.2018. She has filed this writ application seeking a direction to the Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Nalanda at Biharsharif to bring on record the decision of the District Magistrate, Nalanda whereby he had fixed the date of special meeting of Zila Parishad for bringing No Confidence Motion against the her. She has sought for quashing of the notice dated 22.08.2020, issued by Respondent No. 4 convening the said special meeting on 01.09.2020. This writ application was registered on 29.08.2020.

2. It is the petitioner's case that she learnt for the first time through reading a news item published in a local daily on 09.08.2020 that 18 members of Zila Parishad had submitted their requisition to the petitioner as well as Respondents No. 3 and 4 for convening a special meeting for bringing No Confidence Motion. The petitioner asserts in the writ petition that at no point of time any attempt was made by the requisitionists to serve a copy of requisition requesting the petitioner to convene special meeting.

3. On 01.09.2020, a special meeting was held as convened by the District Magistrate, Nalanda and notified by the Deputy Development Commission in which resolution of No Confidence Motion has been passed against the petitioner. The petitioner has questioned the legality of the said resolution of No Confidence Motion having been passed against her by seeking amendment in the writ petition through LA. No. 01 of 2020.

4. Considering the facts and circumstances, LA. No. 01 of 2020 is allowed and accordingly the relief sought by the petitioner in the original writ petition stands amended by allowing the petitioner to question the correctness of the said resolution of No Confidence Motion passed against her.

5. There are two aspects of the matter which need to be kept in mind while considering the petitioner's challenge to the impugned action. The tenure of panchayats constituted by the general elections in the 2016 expired in June 2021. Because of COVID-19 pandemic, the election of the said bodies could not be conducted and, therefore, transitional provisions have been made under Bihar Panchayat Raj Act, 2006 (hereinafter referred to as 'the Act') by Bihar Panchayat Raj (Amendment) Act, 2021 postulating constitution of advisory committees in place of dissolved panchayats/Zila Parishads during the interregnum period, as per the notification issued by the State Government for the said purpose.

6. For Zila Parishad relevant provision has been incorporated by adding sub-section (5) after sub-section (5) of Section 66 of the Act. The out coming Adhyaksha of Zila Parishad upon dissolution of Zila Parishad by virtue of lapse of time becomes a part of the Advisory Committee. Admittedly, if the petitioner succeeds in this matter, the only relief which she can get is that she may become part of the said Advisory Committee constituted in place of dissolved Zila Parishad.

7. Gram Panchayat and Gram Kutchery elections have been notified on 24.08.2021. The election dates have been announced from 24.09.2021 to 12.12.2021.

8. Secondly, my attention has been drawn to the two orders passed by this Court dated 24.06.2021 and 25.06.2021 in CWJC No. 7693 of 2020 and CWJC No. 8641 of 2020 respectively, whereby a coordinate Bench of this Court has passed the following order :-

"Heard Mr. S.B.K. Manglam, learned counsel for the petitioner and Mr. Amit Shrivastava, learned counsel for the Election Commission assisted by Mr. Sanjeev Nikesh.

2. It is admitted position that the tenure of the Panchayat Officer has out lived. Now the office of the Panchayat as Mukhiya and Up-mukhiya is vacant on account of expiry of the tenure and in view of the above, the issue with regard to the legality and validity of removal raised in the present proceeding has lost its relevance and, as such, the Court can not decide the academic issue.

3. In the facts and circumstan