Back
K. VINOD CHANDRAN, HARISH KUMAR
Munni Khatun – Appellant
Versus
State of Bihar – Respondent
K. Vinod Chandran, CJ. – The writ petitions filed by the Pramukh and Up- Pramukh against the No Confidence Motion being carried on 12.01.2024 were rejected by the learned Single Judge, finding that there was undue delay of more than three months. It was also found that there was already an election scheduled on 07.02.2024, which however was stayed in the writ petition. After dismissal of the writ petition, by the impugned judgment there is an election scheduled on 22nd April, 2024.
2. We have heard Mr. Y. C. Verma, learned Senior Counsel appearing for the appellant, Mr. Amit Shrivastava, learned Senior Counsel for the private respondents, who are the requisitionists herein, Mr. Ravi Ranjan, learned Counsel for the State Election Commission and Mr. Ajay, learned GA-5 for the State.
3. The requisition was made admittedly on 30.12.2023. The Pramukh asserts that she did not receive a copy of the requisition. However, the party-respondents submit that the Pramukh had received the requisition and acknowledged it as can be seen from her signature affixed in the order sheet dated 30.12.2023 of the Panchayat Samiti, which is produced at Annexure-R17/2 to the counter affidavit of the private r
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 must be taken to their logical conclusion if not previously voted upon, ensuring adherence to procedural requirements.
The court upheld the validity of the no confidence motion requisition under the Bihar Panchayat Raj Act, confirming the necessity for clear allegations and the petitioner's failure to disclose key fa....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
