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K. VINOD CHANDRAN, ASHUTOSH KUMAR, HARISH KUMAR
Sangeeta Devi – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J. – An issue of seminal importance has arisen as to whether in a "no confidence" motion brought against a Adhyaksh or Upadhyaksh of Zila Parishad under the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the ‘Act’) , the motion would be successfully carried out by a majority of the total number of directly elected members from the territorial constituencies of Zila Parishad or by the majority of the directly elected members present and voting.
2. A Division Bench of this Court in Sarita Kumari vs. the State of Bihar and Others (L.P.A. No. 940 of 2008) had held that such a motion could be carried out only by the majority of the total of the directly elected members of the Zila Parishad. In that case, a motion of "no confidence" against the Chairman of the Zila Parishad, Patna having 46 directly elected members was brought about. At the special meeting held for the purpose of considering the "no confidence" motion, 27 members had participated. Three out of them had not taken part in actual voting. Out of 24 members, who had voted, 23 had voted in favour of "no confidence" and one had voted against the motion. Since 23 members did not constitute the majority
The requirement for a no-confidence motion to succeed is a majority of the total elected members, not just those present at the meeting, ensuring respect for democratic principles.
Quorum is essential for a no-confidence motion in local governance; lack of quorum renders a vote null.
The main legal point established in the judgment is that the 'Motion of No Confidence' must fulfill the mandatory requirements set out in Section 35 of the Maharashtra Village Panchayats Act, 1959, a....
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.
The court affirmed that a second No Confidence Motion is permissible if the first requisition did not lead to a valid meeting or vote, as per the Bihar Panchayat Raj Act, 2006.
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