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PURNENDU SINGH
Suraj Kumar Paswan – Appellant
Versus
State of Bihar – Respondent
ORDER
Heard Mr. Amresh Kumar along with Mr. Jyoti Kumar Sinha & Mr. Ujjwal Kumar, learned counsels appearing on behalf of the petitioners and Mr. Manoj Kumar Sinha, learned GA 9 for the State.
2. Learned counsel appearing on behalf of the petitioners informs this Court that ‘No Confidence Motion’ is to be held on 11.01.2024. Apprehension of the petitioners is that the Pramukh and Up-Pramukh may indulge in malpractice in connivance with the Block Development Officer, Dalsinghsarai, which is against the democratic process.
3. Learned counsel submits that by amendment in the year, 2015 by Act 15 of 2015, the following provisions have been inserted in Section 44 (3)(iii) of the Bihar Panchayat Raj Act, 2006 (hereinafter to be referred as the ‘Act’), which is rePatna produced inter alia hereinafter as follows: –
“Section 44 (3)(iii) - If the motion of no confidence brought against the Pramukh or the Up-Pramukh or both is once rejected, no fresh motion of no confidence against the Pramukh or the Up-Pramukh or both, as the case may be, shall be brought before the Panchayat Samiti within a period of one year from the date of such rejection of the motion.”
4. From perusal of the above provision
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.
Properly convened meeting with a notice issued at least 7 days in advance is essential for the no confidence motion proceedings.
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.
A no-confidence motion against a Gaon Panchayat President is not deemed 'lost' due to procedural irregularities, allowing for a fresh motion to be initiated without the six-month bar.
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