IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.15037 of 2010
SANJU DEVI W/o Sri Anuj Kumar Singh, resident of Village-
Makanpur, P.S.-Bind, District-Nalanda presently UP Pramukh, Bind
Block Bind, Distt.- Nalanda
------------Petitioner
Versus
1. THE STATE OF BIHAR, through the Secretary, Panchyati Raj, Bihar at
Patna
2. The Secretary, Panchyati Raj, Bihar at Patna
3. District Magistrate, Nalanda at Biharsharif
4. The District Panchayat Raj Officer, Nalanda at Biharsharif
5. The Block Development Officer cum Executive Officer, Panchayat
Samiti Bind under Distt. Nalanda
6. Dharamshila Devi W/o Sri Dilip Kumar r/o Vill.-Tajnipur.
7. Nandu Yadav S/o Rambalak Yadav r/o Vill-Madanchak
8. Maro Devi W/o Sri Ajay Rajak r/o vill-Bind
9. Kiran Devi w/o Sri Suresh Ram, r/o vill-Barohar
10. Parvati Devi w/o Sri Jogi Kewat, r/o vill-Jakhore
11. Girish Paswan s/o Singheshwer Paswan r/o vill-Nigrain
12. Rampratap Sharma s/o Awadhesh Sharma r/o vill-Uttathpur
13. Shyamchandra Prasad Singh s/o Late Dwarika Prasad, r/o vill-
Ishaquechak
14.Sumita Sinha w/o sri Sunil Kumar, R/o Vill-Bishnupur,
All respondent no. 6 to 14, P.S. Bind, Distt-Nalanda
---------Respondents
-------------
2. 09.09.2010 Heard learned counsel for the petitioner.
Learned counsel for the respondents submits that he
is not ready with the case and he has got no
instruction in this regard, as the case has been filed
on 08.09.2010, hence the case be adjourned for 16th
September, 2010.
However, learned counsel for the
petitioner submits that Annexure-1 to the writ
petition is a notice dated 02.09.2010 in which the
date of special meeting for consideration of No
Confidence Motion against the Up-Pramukh
2
(petitioner) has been fixed on 10.09.2010 and if the
case is adjourned for 16.09.2010 the said special
meeting will take effect and the writ petition will
become infructuous.
It is quite apparent from the said notice
that it is issued to the petitioner without mentioning
the charges leveled by the members in requisition.
Hence prima facie it appears to be in the teeth of the
provision of Section 44 (3) (v) of the Bihar Panchyati
Raj Act, 2006.
In the said circumstances, let this case
be listed on 16.09.2010 as prayed for by learned
counsel for the respondents under the same heading
within top five cases.
In the meantime, the operation of the
impugned notice dated 02.09.2010 (Annexure-1)
issued by the Executive Officer, Panchayat Samiti
Bind (respondent no. 5) shall remain stayed.
This interim order shall continue till the
next date on which the case would be taken up.
Anand Kr. ( S. N. Hussain, J.)