Purnendu Singh, J. – Heard Mr. Niranjan Kumar, learned counsel along with Mr. Surya Pratap Kumar and Mr. Subham Singh, learned counsel appearing on behalf of the petitioners; learned AAG-7 for the State; Mr. Sanjay Kumar, learned counsel for the Zila Parishad and Mr. S. B. K. Manglam, learned counsel for the respondent no.9.

2. In paragraph no.1 of the writ petition, the petitioners have prayed for relief(s), which are re-produced inter alia as follows: –

(I) For issuance of a writ in the nature of certiorari for quashing the proceeding dated 15.01.2024, wherein the District Magistrate, East Champaran at Motihari and Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, East Champaran, Motihari have illegally and arbitrarily closed the meeting called for considering the motion of No Confidence without even holding a discussion on the requisition/charges of No Confidence Motion or any voting on the same and holding that the incumbent Chairman and Vice-Chairman of District Board/Zila Parishad, East Champaran at Motihari continue to be in majority as only 15 members out of 57 elected members were present and minimum quorum is of (28+1) 29 members were required for voting on the motion of No Confidence in a very mechanical manner as the same is in complete violation of Section-70 and other relevant provisions of the Bihar Panchayat Raj Act, 2006 (herein referred as Act, 2006 and also in violation of laws laid down by the Hon’ble Patna High Court, Patna and also ignoring the submissions made by the members of the Zila Parishad with respect to majority of present and voting against No Confidence Motion, in a very erroneous manner.

(ii) For issuance of a writ in the nature of certiorari for quashing the Clause -8(XIII)(6) to Clause- 8 (XIII)(9) of the Letter No.30-149/2008-2535 of Bihar State Election Commission dated 16.09.2008 being in violation of Section 70 of the Act and the law laid down by this Hon’ble High Court.

(iii) Issuance of writ in the nature of mandamus directing the District Magistrate, East Champaran at Motihari and Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, East Champaran, Motihari to revive the proceeding dated 15.01.2024, which was illegally and arbitrarily been closed without any discussion or voting on the motion of No Confidence and hold the vote on the Motion of No Confidence amongst the 15 members present on 15.01.2024 and declare the result based on voting amongst the 15 of the members present.

(iv) Issuance of writ in the nature of mandamus directing the District Magistrate, East Champaran at Motihari and Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, East Champaran, Motihari to hold fresh meeting and hold a vote on motion of No Confidence Motion- amongst 15 members present on 15.01.2024 and hold discussion on the requisition dated NIL received on 04.01.2024 containing allegation against the Chairman and Vice-Chairman of District Board/Zila Parishad, East Champaran, Motihari issued by the absence members and accordingly declare the resutl.

(v) For issuance of writ in the nature of mandamus for directing and commanding the responsible respondent authorities to hold inoperative the proceeding dated 15.01.2024 during the pendency of this writ application.

(vi) For issuance of any other appropriate writ(s), order(s), direction(s) for which the writ petitioner would be found entitled under the facts and circumstances of this case.”

3. Learned Counsel appearing on behalf of the petitioners submitted that from the minutes recorded by the District Magistrate and Deputy Development Commissioner in Memo No.152 dated 16.01.2024, it appears that 15 elected members, who were present in the meeting dated 15.01.2024 were not allowed to vote in the special meeting of ‘No Confidence Motion’ in violation of Section 70 of the Bihar Panchayat Raj Act, 2006. The District Magistrate and Deputy Development Commissioner apparently were influenced by the