1. This Letters Patent Appeal has been filed against the order dated 12 April, 2002 in C.W.J.C. No. 3855 of 2002 : Lalan Singh & Ors. V/s. The State of Bihar and Ors.

2. Some members of the Panchayat Samiti filed a writ petition that a motion of no confidence against the Pramukh was not permitted to be carried by the Executive Officer. This Court is not going into the question that a motion of no confidence was hovering between fifty-fifty votes cast or the Pramukhs vote had stabilised the motion and if his vote is not to be counted the motion may be carried. This is not an issue.

3. The Court is examining the root cause on which a motion of no confidence was carried. The root cause was the proposal brought on which the motion of no confidence was considered. Time and again, the Court has expressed that a motion of no confidence must have specific allegations against an incumbent, Pramukh or a Mukhiya, so that a person who faces a motion of no confidence may know what he is up against. Making vague allegations without specifying the nature of misdemeanour renders the proposal itself a questionable exercise resting on arbitrariness. Such a motion is invalid and illegal.

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