Sanjay Ram vs State Of Bihar And Ors

Mr Arun Kumar, learned counsel for the petitioners, at the very outset, submits that due to inadvertence, wrong vakalatnama has been submitted in this case. He undertakes that by the end of the day, he will be forwarding photostat copy of the correct vakalatnama executed by the petitioners, by E-mail. He further undertakes that other defects, as pointed out, shall be removed, as and when called upon by this Court to do so.

2 This case has been taken up for consideration through Video Conferencing.

3 Heard learned counsel for the petitioners and the State.

4 Petitioners' counsel submits that petitioners No 1 and 2 were the Pramukh and Up Pramukh. It is submitted that the requisition for removal of the petitioners was submitted through the Executive Officer and that the same was not served on all the Panchayat Samiti Members and, therefore, he submits that the requisition dated 14.02.2020 leading to his removal in the Special Meeting dated 22.02.2020 (Annexure 4) is bad in law.

5 Ms Archana Meenakshi appears on behalf of the State. She submits that as per averments made in paragraphs 7 and 8 of the writ petition, petitioner No 1 himself has fixed the date of convening the Special Meeting of the Panchayat Samiti on 22.02.2020.

6 Nothing has been brought on record by the petitioners in the writ petition to show that thereafter they raised any objection in this regard before any Authority. The resolution of the Special Meeting dated 22.02.2020 clearly shows that the Motion of No Confidence was carried through by 8 members out of 12. Subsequent thereto, the Secretary, State Election Commission, Bihar, Patna has also issued a Communication dated 07.03.2020 to the District Magistrate -cum- District Election Officer (Panchayat), Luckeesarai to complete the process of election of new Pramukh/Up Pramukh on 23.03.2020 after ensuring service of notice for the election by 15.03.2020. Much thereafter, the writ petition has been filed on 07.09.2020. It is further submitted that the election was finally held on 26.08.2020.

7 In view of the aforesaid facts, the petitioners have not approached any Authority diligently objecting to the notice of No Confidence Motion dated 14.02.2020 and even after their removal dated 22.02.2020. Only after the fresh election was fixed and now after the same has already been conducted, even as per submission of learned counsel for the petitioners on 26.08.2020, there is no scope for this Court to undo all that has democratically been done till date in exercise of jurisdiction under Article 226 of the Constitution of India.

8 Writ petition, therefore, is dismissed.