Petitioner challenged the passing of a no confidence motion resolution. The court held the writ petition infructuous as the term of the Panchayat Samiti had expired long ago
The writ petition was dismissed as infructuous.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5560 of 2003
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Rajendra Mehta, son of Late Buti Lal Mehta, resident of village- Chatanma, P.S- Puranini, Block Puraini, Distt- Madhepura.
.... .... Petitioner/s Versus The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : None
For the Respondent/s : Mr. (SC7)
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
This writ petition has been filed by the petitioner for quashing the resolution of no confidence motion passed against the petitioner in the meeting held on 11.03.2003. The petitioner was elected Pramukh of Puraini Block. On 10.02.2003, eight members of the Panchayat Samiti had sent a proposal to call special meeting for discussion on the matter mentioned in the letter addressed to the Pramukh of the Panchayat Samiti of Puraini Block. Thereafter on 03.03.2003, the Executive Officer of the Panchayat Samiti had issued notice for convening special meeting as the petitioner did not summon the special meeting. In the said meeting, the resolution of no confidence motion was passed against the petitioner. The said order was challenged in the instant writ petition. The writ petition was adjourned vide order dated
Patna High Court CWJC No.5560 of 2003 (6) dt.17-09-2018
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25.08.2004 passed by this Court on the ground that the points taken by the petitioner were already referred to a larger Bench, doubting the correctness and validity of the Division Bench judgment wherein it was observed that the details of the charges are required to be given in the notice. By the said order the writ petition was directed to be listed after disposal of the said case. Since then the writ petition has remained pending before this Court.
Since the term of the Panchayat Samiti in question has already expired long back. The issues raised in the writ petition itself have become infructuous. Accordingly, the writ petition is dismissed as infructuous.
(Ashwani Kumar Singh, J)
Pradeep/Sneha
U
1 issue framed by the court
Whether the writ petition challenging the resolution of no confidence motion against the petitioner necessitates determination given the expiry of the Panchayat Samiti term.
Rajendra Mehta
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
