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 been physically present while handing over the requisition to the petitioner.

3. Notices were issued in this matter on 06.03.2020, pursuant to which the private respondents, including the requisitionists have entered appearance. While issuing notice, this Court, by the said order dated 06.03.2020, took notice of the fact that the special meeting was scheduled to be held on 13.02.2020 and accordingly observed that any decision in such meeting and all consequential action/decisions shall be subject to the result of the writ application.

4. In the special meeting held on 13.02.2020, no confidence motion brought against the petitioner has been successfully carried out and accordingly the petitioner stands removed from the post of Pramukh.

5. By filing LA. No. 2 of 2021, the petitioner has accordingly sought for amendment in the writ petition. The petitioner seeks to challenge the resolution passed in the said special meeting, on the same sole ground taken in the writ petition, as has been noticed above.

6. As the vacancy arising out of removal of the petitioner was notified by the State Election Commission for holding fresh election, the petitioner has sought for impleadment of State Election Commission as party respondent, which has been allowed by an order of this Court dated 09.12.2020.

7. With the life of the Panchayat Raj institutions coming to an end in the State of Bihar by virtue of operation of sub-section (1) of Section 39 of the Act and there being no possibility of general elections of Gram Panchayat before the expiry of prescribed period of five years, in exercise of powers under Article 213(1) of the Constitution of India, an ordinance has been promulgated, namely, Bihar Panchayat Raj (Amendment) Ordinance, 2021, incorporating sub-section (5) after sub-section (4) of Section 39 of the Act, which reads as under : -

"(5) If for any reason, it is not possible to hold the general election of a Panchayat Samiti before the expiry of a period of five years specified in sub-section (1) of section 39, the Panchayat Samiti shall stand dissolved on the expiration of the said period and all the powers and functions vested in the Panchayat Samiti under this Act or under any other law for the time being in force shall be exercised or performed by an Advisory Committee which the State Government may, by notification, constitute for this purpose."

8. The Panchayati Raj Department, Government of Bihar, has come out with a Notification dated 09.06.2021, providing constitution of Advisory Committees in place of Panchayat Samitis, consequent upon dissolution of the Panchayat Samiti with the lapse of life. Sub-section (5) of Section 39 of the Act provides, inter alia, that the Pramukh of the Panchayat Samiti working on the date of dissolution shall be the Chairman of t