JUDGEMENT

Date : 30-07-2024 Heard Mr. Amit Shrivastava, learned Senior counsel for the petitioners, Mr. Waliur Rahman representing respondent no. 8 and Mr. Bindeshwari Prasad Mandal, learned State counsel representing respondent nos. 3 to 7.

2. The present writ petition has been preferred for the grant of following relief/s:-

“That this is an application on behalf of the petitioners for issuance a writ, order or direction including a writ in the nature certiorari to quash the order dated 31-1-

2024 as passed by the learned District Election Officer (Panchyat) cum District Magistrate, Kaimur at Bhabua by which and where under the learned District Magistrate, Kaimur a Bhabua has not followed the direction passed in C.W.J.C. No. 1437 of 2024 dated 25-1-2024 and has not followed the law laid down by this Hon'ble High court in L.P.A. No. 113 of 2020 and/or may be issuance a writ order or direction in the nature of mandamus commanding to the respondents to conduct the fresh election of the block Pramukh, Chainpur and/or may be pass other and further order which the petitioners are entitled to.”

3. The case of the petitioner in the nutshell is that respondent no. 8 was elected as ‘Pramukh’ of Chainpur Block Panchayat Samiti in the District of Kaimur on 03.01.2024. On 12.01.2024 eleven out of twenty one members of the Block Panchayat Samiti brought a requisition for a special meeting to consider ‘No Confidence Motion’ against the said respondent no. 8. The respondent No. 8 accordingly fixed the meeting date as 15.01.2024 vide her letter no. 01 dated 03.01.2024.

4. On the said date, a special meeting took place and under the Chairmanship of Firoz Khan (who was unanimously elected by the fifteen members present there). Discussions were held followed by voting in which eleven votes polled were found valid while four were declared invalid. All the eleven valid votes were cast in favour of the ‘No Confidence Motion’ and this resulted into her removal as the ‘Pramukh’.

5. The lady (respondent no. 8) approached this Court in CWJC No. 1437 of 2024. The Coordinate bench took up the matter on 25.01.2024 and the short order read as follows (Annexure-3 of the writ petition):-

“Heard Mr. Md. Waliur Rahman along with Mr. Dhaneshwar Prasad Gupta, learned counsels appearing on behalf of the petitioner and learned GP 25 for the State.

2. Learned counsel appearing on behalf of the petitioner submits that petitioner has not gained confidence of the majority of the members of the Panchayat Samiti, Block Chainpur, Kaimur and aggrieved by the same on certain grounds, she has filed an application under Section 157 of the Bihar Panchayat Raj Act, 2006 before the District Magistrate, Kaimur, Bhabhua. It has been informed by him that petitioner seeks to avail remedy before the Collector-cum-District Magistrate.

3. Considering the aforesaid submission made on behalf of the petitioner, the District Magistrate, Kaimur, Bhabhua is directed to give due opportunity of hearing to all the affected parties and ensure to pass necessary order within a period of two weeks in accordance with law and thereafter.

declare the winning candidate without fail.

4. The writ petition is disposed of.”

6. The matter accordingly went to the office of the respondent no. 3, the District Magistrate, Kaimur at Bhabua who further deciphered the ballot papers polled and after incorporating that beside the four invalid votes, in one vote, as it was (+) instead of (X), the total number comes down to ten (which is less than half of the twenty one elected members).

7. Thereafter he took recourse to the letter no. 30- 149/2008-2535 dated 16.09.2008 issued by the State Election Commission, Bihar, Patna (henceforth for short ‘the SEC’) and though the final part is missing, he concluded that the valid votes is less by one of the requisite votes.

8. The short order dated 31.01.2024 read as follows (Annexure-4 to t