JUDGMENT

Mohit Kumar Shah, J. - The present writ petition has been filed for quashing the notice dated 26.07.2018, issued by the Panchayat Secretary, Gram Panchayat Raj, Gobind Chak, Block-Sonepur, District-Saran at Chapra i.e. the Respondent No. 7 herein whereby and whereunder the petitioner has been informed to attend the special meeting of the Panchayat to be held on 02.08.2018, which has been convened for consideration of No Confidence Motion against the petitioner.

2. The short facts of the case are that the petitioner had won the election of ward member of the Gram Panchayat Raj, Gobind Chak and was elected as the Up-Mukhiya of the said Gram Panchayat. The case of the petitioner is that in order to remove the petitioner in an illegal manner, a requisition signed by some ward members of the said Panchayat was submitted to the Respondent No. 7 to convene a special meeting of the Panchayat for consideration of the No Confidence Motion against the petitioner. Thereafter, the Panchayat Secretary had approached the Respondent No. 5 i.e. the Block Development Officer, Sonepur, District-Saran at Chapra and on his direction, the Panchayat Secretary had fixed the date of special meeting for consideration of the No Confidence Motion against the petitioner on 02.08.2018, whereafter notices were issued to the petitioner and all other ward members of the Panchayat vide letter dated 26.07.2018, regarding holding of the meeting on 02.08.2018.

3. It appears that during the pendency of the present writ petition, the special meeting had been held on 02.08.2018 in which a No Confidence Motion was passed against the petitioner and he has been removed from the post of Up-Mukhiya, which though has been challenged by filing an interlocutory application bearing I.A. No. 6244 of 2018, however, this Court has not allowed the said interlocutory application and in fact, the learned counsel for the petitioner has also not pressed it at the time of final arguments.

4. Nonetheless, the learned counsel for the petitioner has submitted by referring to Section 18(4)(ii) of the Bihar Panchyat Raj Act, 2006 that firstly, the Mukhiya of the concerned Gram Panchayat has to convene a special meeting for the purposes of consideration of No Confidence Motion and secondly, the meeting has to be convened in the office of the Gram Panchyat. At this juncture, it would be relevant to reproduce Section 18(4)(ii) of the Bihar Panchayat Raj Act, 2006 herein below:-

"18(4)(ii). Removal of Up-Mukhiya by no confidence motion-Every Up-Mukhiya shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a simple majority of the total number of elected members of the Gram Panchayat and Mukhiya at a meeting especially convened for the purpose. The requisition for such a special meeting shall be signed by not less than one third of the total number of elected members of the Gram Panchayat and shall be delivered to the Mukhiya. The Mukhiya shall, within 7 days from the date of receipt of the requisition, convene a special meeting of the Gram Panchayat in the office of the Gram Panchayat for discussion on the motion and shall also preside over the meeting :

Provided that during the first two year period of the tenure, no such motion of no confidence shall be moved against the Up-Mukhiya. 1 [Such a no confidence motion may be brought only once in the whole tenure of Up-Mukhiya.]:

[Second Proviso deleted vide Sec. 7 of Amdt. Act 15 of 2015]

Provided further that no motion of no confidence against Up-Mukhiya shall be brought during the last six months before the expiry of the term of Gram Panchayat.

5. The learned counsel for the petitioner has taken this Court through the documents, annexed to the counter affidavit, to show that the requisition regarding No Confidence Motion was submitted by one third members of the Panchayat before the Block Development Officer, Sonepur, Saran at Chapra on 14.07.2018, whereafter another requisition