ORDER

I.A. No. 05 of 2024.

The present Interlocutory Application has been preferred for incorporating the following reliefs as part of the main writ petition:—

(i) Issue a writ in the nature of Certiorari for quashing and setting aside the proceedings and result of the no- confidence motion held on 11/03/2024 in which the motion of no confidence came to be passed against the petitioner who was the Pramukh and the respondent no. 5 who was the Up-Pramukh of Rivilganj Panchayat Samiti.

(ii) Issue a writ in the nature of Certiorari for quashing and setting aside the proceedings and result of the proceedings dated 20/07/2024 by which the respondent no. 14 was appointed as Pramukh and respondent no. 11 was appointed as Up-Pramukh of Rivilganj Panchayat Samiti.

2. Considering the prayers in the Interlocutory Application and since there is no opposition from the respondents, I.A. No. 05 of 2024 stands allowed.

3. Let the two prayers of the Interlocutory Application No. 05 of 2024 be read as part of the prayers made in the main writ petition.

CWJC No. 616 of 2024.

4. Heard Mr. Bindhyachal Singh, learned Senior Counsel appearing on behalf of the petitioner, Mr. Manoj Kumar Singh, Mr. Mukesh Kumar Thakur and Mr. Aniket Kumar Singh for the respondent Nos. 7 to 14, Mr. Raghwanand, learned GA- 11 for the State and Mr. Ravi Ranjan representing the State Election Commission.

5. The present writ petition has been preferred for the following relief(s):—

“For issuance of an appropriate writ in the nature of CERTIORARI, for quashing the requisition dated NIL which was submitted by four elected members of the Block Panchayat Samiti, Rivilganj in the office of the Respondent No. 4 in which a request has been made to convene the special meeting of the Block Panchayat Samiti, Rivilganj to consider the NO CONFIDENCE MOTION against the petitioner on the ground that neither said requisition is a legal and valid requisition in the eye of law nor other mandatory statutory requirements of provisions contained under sub-section 3 (i) of Section 44 of the Bihar Panchayat Raj Act, 2006 (herein after to be referred as the Act, 2006) has been followed in as much as statute stipulates for presentation of such requisition before the Pramukh with a copy to the executive officer, the said requisition submitted directly in the office of Respondent No. 4 without presenting it before the petitioner in compliance of the procedure prescribed under sub-section 3(i) of Section 44 of the Gram Panchayat Act hence same is illegal and fit to be rejected.

ii. For issuance of an appropriate writ in the nature of CERTIORARI, for quashing the notice contained in letter no. 47 dated 08.01.2024 issued under the authority of Respondent No. 4 whereby and where under the all elected members of the Block Panchayat Samiti, Rivilganj were informed that special meeting for consideration of NO CONFIDENCE MOTION as against the writ petitioner, will be held on 19.01.2024, on the ground that neither the Respondent No.4 has any authority to issue said letter nor said notice does not confirm to statutory requirements of the Act, 2006 in as much as same not does contain specific reasons and charges based upon which No Confidence is proposed to be brought against the writ petitioner.

iii. For issuance of an appropriate writ in the nature of ad interim stay as against the notice dated 08.01.2024 also proposed special meeting dated 19.01.2024. on the ground that both the notice as also the consequent meeting is illegal in the eyes of law and thus no validity can be assigned to same.

iv. For a declaration that if statute prescribes a particular act to be done in a particular manner it should be done in that manner alone or not at all and any other mode is not only necessarily prohibited but also constitute illegality.

v. For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner is entitled under the facts and circumstances of the case.”

6. The facts of the c