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2002 Supreme(Pat) 575

RAVI S.DHAVAN, SHASHANK KR.SINGH
Shyama Devi – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The High Court is getting too many cases and apprehends that many more will come in the matter relating to motions of no confidence being brought against the Mukhias, Pramukh and Up-Pramukh of Panchayats and Adhyaksha and Upadhyaksha of the Zila Parishads.

2. Two aspects are coming before the High Court :

(a) Motions of no confidence are being brought against the elected chair-persons or elected representatives without a stated cause whereas it is natural justice that the motions of no confidence must clearly declare on what the object of the motion of no confidence is so than a man who has to face a motion of no confidence knows what he is up against so that he has an opportunity to reply to the specific charges of complaints against him. In so far as this aspect is concerned, it is already a subject matter of other orders of the High Court on which, Additional Advocate General and State counsel, S.C. 6 report that the matter is being looked into for the requisite legislation being updated.

(b) The other aspect is the period during which a motion of no confidence may not be brought when an elected representative is returned to an institution of self government, in the p







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