Rajiv Roy, J.—‘CHIRAND’ is a place in ‘SARAN’ (with its Headquarter at ‘CHAPRA’) which has continuous archaeological record from the ‘NEOLITHIC AGE’ to the reign of PALA DYNASTY who ruled during the pre-medival period. The excavations in ‘CHIRAND’ have revealed stratified Neolithic, Chaleolithic and Iron age Settlements and transition of human habitation patterns dating from 2500 B.C. to the 30 A.D.

2. ‘SARAN’ also borders ‘VAISHALI’ district, the capital city of ancient Licchavi Clan and believed to be the first republic in the world. It is the birth place of ‘LORD MAHAVIRA’ (540 B.C.) and also a place where ‘LORD BUDDHA’ visited thrice and the Second Buddhist Council was convened by King Kala Soka in the year 383 B.C.

3. However, the place with such historical importance hardly had any effect on the elected members of the Saran Zila Parishad which brought them to the doorsteps of the Patna High Court by filing the present writ petitions.

4. Heard Mr. S.B.K. Mangalam, learned counsel for the petitioner, Mr. Ajay, learned GA-5 for the State, Mr. Nikesh Kumar representing the Zila Parishad, Mr. Basant Kumar Chaudhary, learned Senior counsel who appears for the respondent nos. 29 and 30, Mr. Amit Shrivastava, learned Senior counsel representing the respondent nos. 10, 11, 15, 16, 22, 24, 27, 34, 40, 45 and 53 while Mr. Bindhyachal Singh, learned Senior counsel represents respondent nos. 26, 32, 37, 43, 47 and 50.

5. Since both the cases relate to the ‘No Confidence Motion’ against the Chairperson of the Zila Parishad, Saran, Chapra, the facts of CWJC No. 10942 of 2024 presented by the Chairperson herself is being incorporated hereinbelow.

A:-PRAYER:

6. The writ petitioner has preferred this petition for the following reliefs:—

(I) for issuance of an appropriate writ in the nature of CERTIORARI:—

(a) for quashing the requisition dated 29.05.2024 submitted with the signature of 15 elected members of Saran Zila Parishad and addressed to the petitioner whereby and where under, they had made a grievance from the petitioner to fix the date of special meeting for consideration of No Confidence Motion against the petitioner;

(b) for quashing the order dated 21.06.2024 issued under the signature of the Respondent no.3 and contained in his memo no.4379 dated 21.06.2024',- whereby and where under the Respondent no.3 was pleased to recall his previous order dated 18.06.2024 contained in memo no. 4313 dated 18.06.2024;

(c) for quashing the order dated 15.07.2024 issued under the signature of the Respondent no.3 and contained in his memo no.5034 dated 15.07.2024, whereby and where under he has been pleased to fix the date of special meeting of Saran Zila Parishad on 30.07.2024 and has directed the Respondent no.4 to issue notice of special meeting to all the members of Zila Parishad;

(d) for quashing the memo no.473 dated 15.07.2024 issued under the signature of the Respondent no.4 ,whereby and where under he has issued notice of special meeting dated 30.07.2024 to all the members of Zila Parishad and they have been requested to attend the special meeting of Zila Parishad on 30.07.2024 for consideration of No Confidence Motion against the petitioner.

(II) for a declaration that since before 30.07.2024, a special meeting of Zila Parishad was convened on 15.01.2024 for consideration of No Confidence Motion against the petitioner, in view of the provisions contained under Section 70(4) (ii) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the Gram Panchayat Act), there can be no second special meeting of the Zila Parishad for consideration of No Confidence Motion against the petitioner since the proceeding of the special meeting dated 15.01.2024 was already concluded on 15.01.2024 and the motion could not be put to vote by the Respondent no.4 for absence of majority of total number of elected members of Zila Parishad.

(III) for issuance of any other appropriate writ/writs, order/ orders, direction/directions for which the writ petitioner woul