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VIKASH JAIN, SUNIL KUMAR PANWAR
Rubi Devi, Wife of Arun Kumar Ojha – Appellant
Versus
State of Bihar through the Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna – Respondent
JUDGMENT :
[Vikash Jain, J.]
1. Heard learned counsel for the appellant and learned counsel for the respondents. Learned counsel for the appellant hereby undertakes to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.
2. I. A. No. 01 of 2021 has been filed on behalf of the appellant for restraining the respondents from convening a fresh special meeting for No Confidence Motion against the appellant, which is placed on record.
3. With the consent of the parties and having regard to the urgency expressed in the matter as a special meeting is said to have been fixed on 11.10.2021, the instant appeal is being taken up for disposal on merits.
4. The appellant is aggrieved by the order dated 13.08.2021 passed in C.W.J.C. No. 12295 of 2021 by the Hon’ble Single Judge, which has been disposed of with the following observations:-
The bar to a fresh No Confidence Motion applies only when a special meeting has legally and validly been convened and the motion has been moved unsuccessfully.
The main legal point established is that the convening of special meetings for No Confidence Motion must adhere to the statutory provisions, including the requirement of clear notice and timing, as p....
Word ‘lost’ appearing in 2nd proviso to section 15(1), in deference to fundamental principles of statutory interpretation, has to be essentially comprehended in text and context in which it appears.
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.
No-confidence motions against the Up-Pramukh can be validly convened even without delegation by the Adhyaksh, and reasons must be specified in notices as per the Act.
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