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2021 Supreme(Pat) 497

CHAKRADHARI SHARAN SINGH
Ramavati Devi – Appellant
Versus
State Of Bihar – Respondent


Advocates Appeared:
Mr. S.B.K. Mangalam, Advocate, Ms. Anita Kumari, Advocate, for the Appellant; Mr. Ajay, G.A.-5, Mr. Amit Srivastava, Senior Advocate, Mr. Sarva Deo Singh, Advocate, Mr. Rajesh Kumar, Advocate, for the Respondent.

JUDGMENT

1. Heard learned counsel for the parties.

2. The petitioner was elected as the Pramukh, Block Panchayat Samiti, Dariyapur in the District of Chapra, on 08.11.2017. In the present writ application she has put to challenge a requisition submitted by 20 elected members of the Block Panchayat Samiti, Dariyapur (hereinafter referred to as 'Samiti') addressed to the petitioner, which was, admittedly, served upon her on 13.02.2020, requesting her to convene a special meeting of the Samiti for consideration of no confidence motion against the petitioner. The petitioner has challenged the said requisition on the sole ground of the same being in violation of Section 44(3)(i) of the Bihar Panchayat Raj Act, 2006, which, according to the petitioner, mandates that the requisition should be presented to the Pramukh in writing by not less than one third members of the total of the directly elected members. Without disputing that the requisition seeking convening of special meeting for no confidence motion was signed by 20 members of the Committee, it is the petitioner's contention that by virtue of provision under Section 44(3)(i) of the Act, at least one third of the members should have b

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