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2024 Supreme(Pat) 618

RAJIV ROY
Gayatri Devi Alias Gaytri Devi, Wife of Sri Prem Ranjan Kumar – Appellant
Versus
State of Bihar, through the Additional Chief Secretary, Panchayati Raj Department – Respondent


Advocates Appeared:
For the Petitioners:Mr. Rajesh Mohan, Advocate
For the Respondents: Mr. Gautam Kumar Yadav, Mr. S.B.K. Mangalam, Adv.

JUDGMENT :

(Rajiv Roy, J.)

Heard Mr. Rajesh Mohan, learned counsel for the petitioner, Mr. Gautam Kumar Yadav, learned State counsel as also Mr. S.B.K. Mangalam, learned counsel representing respondent nos. 8 and 11 to 15.

2. The petitioner has prayed for the grant of following reliefs:

    (i) for issuance of an appropriate writ of Certiorari for quashing the letter no. 129 dated 30.01.2024 issued by the Respondent no.6, the Block Development Officer, Parsauni-cum-Executive Officer, Prakhand Panchayat Samiti, Block-Parsauni, District Sitamarhi, addressed to the petitioner, whereby and whereunder the elected members of Prakhand Panchayat Samiti on 18.01.2024 requisition to convened the special meeting of Prakhand Panchayat Samiti, Parsauni for consideration of their No Confidence Motion against the petitioner on 13.02.2024;

    (ii) For a declaration that if under section 44 (3) (ii) of the Bihar Panchayat Raj Act, 2006 contained a clear mandate for brining a No Confidence Motion against the Pramukh or the Up-Pramukh of the Block Panchayat Samiti, any requisition for brining No Confidence Motion can be moved only once in the whole tenure of Pramukh/Up-Pramukh. The section 44 (3) clearly ment

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