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SURYA KANT, JOYMALYA BAGCHI
Rashmi Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. procedural and factual history of no-confidence motions (Para 2 , 3) |
| 2. contestation on high court's interpretation (Para 5 , 11) |
| 3. analysis of legislative intent regarding majority in no-confidence motions (Para 10 , 12 , 18 , 25 , 30) |
| 4. finding on no-confidence votes requiring majority of total elected members (Para 45) |
| 5. final directions regarding no-confidence procedures in bihar (Para 46 , 47 , 48) |
JUDGMENT :
SURYA KANT, CJI.
Delay condoned. Leave granted.
2. These Civil Appeals are directed against the judgment dated 16.05.2024 (Impugned Judgment) passed by a Full Bench of the High Court of Judicature at Patna (High Court), wherein it has answered a reference, holding that a no-confidence motion brought under Sections 44 (3) and 70(4) of the Bihar Panchayat Raj Act, 2006 (Panchayat Act) would succeed if a ‘majority of the members present’ vote in favour of the motion at the Special Meeting convened for this purpose.
A. PROCEDURAL AND FACTUAL HISTORY OF THESE CASES
3. Before we proceed to our analysis, it may be relevant to first elucidate how this question was referred to the Full Bench of the High Court.
3.1. A learned Single Judge of the High Court, in Sarita
The requirement for a no-confidence motion to succeed is a majority of the total elected members, not just those present at the meeting, ensuring respect for democratic principles.
The omission of authorities to conduct a no confidence vote against the elected leaders contravenes the Bihar Panchayati Raj Act, emphasizing that voting is mandatory and quorum is not required.
The main legal point established in the judgment is that the 'Motion of No Confidence' must fulfill the mandatory requirements set out in Section 35 of the Maharashtra Village Panchayats Act, 1959, a....
The main legal point established in the judgment is that the notice for the no confidence motion was issued in accordance with the provisions of the Odisha Panchayat Samiti Act, 1959, and therefore d....
Quorum is essential for a no-confidence motion in local governance; lack of quorum renders a vote null.
The court affirmed that a second No Confidence Motion is permissible if the first requisition did not lead to a valid meeting or vote, as per the Bihar Panchayat Raj Act, 2006.
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