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2021 Supreme(Pat) 283

SANJAY KAROL, S. KUMAR
Dharamsheela Kumari – Appellant
Versus
Hemant Kumar – Respondent


Advocates Appeared:
Mr. Yogesh Chandra Verma, Senior Advocate, Mr. Prakash Srivastava, Advocate, Ms. Apporva Jyoti, Advocate, Ms. Anu Priyadarshi, Advocate, for the Appellant; Mr. Shashi Bhushan Kumar Manglam, Advocate, Mrs. Anita Kumari, Advocate, Mr. Lalit Kishore, Advocate General, Mr. Vikash Kumar, Mr. Anil Kumar, Advocate, for the Respondent.

JUDGMENT

1. The following issues arise for consideration in this Appeal:

(i) Whether Section 44 of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the Act) is independent and standalone Section, i.e., a complete code in itself?

(ii) Whether the condition provided under sub-section (4) of Section 46 of the Act stipulating a minimum period of seven days clear notice for convening a special meeting can be applied for or read into the provisions of Section 44(3) of the Act?

(iii) Whether Section 44(3) mandates any quorum for the special meeting convened to discuss and vote a no-confidence motion?

(iv) Whether Section 44(3) mandates a motion of no confidence to be put to the vote by way of a secret ballot?

(v) If so, then as to whether the action impugned, subject matter of the writ petition, is ultra vires the said provision?

(vi) Whether Section 44(3) mandates the requisitionists to be present in the special meeting called to discuss and put to vote the motion of no confidence?

(vii) If not, then whether the Requisitionists absence has resulted in the act of fraud with an endeavour of defeating the laudable object of the Statute?

(viii) Whether the Requisitionists absence wa

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