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.

JUDGMENT :

(Rajiv Roy, J.)

Heard Mr. Rajesh Mohan, learned counsel for the petitioner, Mr. Gautam Kumar Yadav, learned State counsel as also Mr. S.B.K. Mangalam, learned counsel representing respondent nos. 8 and 11 to 15.

2. The petitioner has prayed for the grant of following reliefs:

(i) for issuance of an appropriate writ of Certiorari for quashing the letter no. 129 dated 30.01.2024 issued by the Respondent no.6, the Block Development Officer, Parsauni-cum-Executive Officer, Prakhand Panchayat Samiti, Block-Parsauni, District Sitamarhi, addressed to the petitioner, whereby and whereunder the elected members of Prakhand Panchayat Samiti on 18.01.2024 requisition to convened the special meeting of Prakhand Panchayat Samiti, Parsauni for consideration of their No Confidence Motion against the petitioner on 13.02.2024;

(ii) For a declaration that if under section 44 (3) (ii) of the Bihar Panchayat Raj Act, 2006 contained a clear mandate for brining a No Confidence Motion against the Pramukh or the Up-Pramukh of the Block Panchayat Samiti, any requisition for brining No Confidence Motion can be moved only once in the whole tenure of Pramukh/Up-Pramukh. The section 44 (3) clearly mentioned the manner prescribed for convene a special meeting to bring a No Confidence Motion and if the manner prescribed has not been followed for moving such requisition, the requisition is not a valid requisition in the eye of law and no special meeting can be convened in pursuance thereof;

(iii) for issuance of any other order/orders, direction/directions, relief/reliefs for which the petitioner in the facts and circumstances of the case entitled too.

3. The matter relates to Parsauni Block Panchayat Samiti and pursuant to the election held on 31.12.2021, the petitioner was elected as its "Pramukh". She subsequently, assumed office and according to her, started discharging her duty to the complete satisfaction of the people. However, those opposed to her, immediately after passage of two years, gave requisition on 3.1.2024 for her removal. The respondent no. 5 forwarded the same vide his office letter no. 11 dated 4.1.2024. The petitioner refused to act on the requisition and communicated her decision to the respondent no.6 vide letter dated 08.01.2024. The respondent no. 5, Block Development Officer cum Executive Officer, Parsauni placed the file before the Up-pramukh who fixed the meeting date as 16.01.2024.

4. The petitioner challenged the requisition dated 03.01.2024 by filing C.W.J.C. No. 751 of 2024 (Gayatri Devi alias Gaytri Devi vs. the State of Bihar & Ors). It came to be disposed of on 12.1.2024 and taking note of amongst the other Section 44 and 46 of the Bihar Panchayat Raj Act, 2006 (henceforth for short 'the Act') which according to the Court were not followed, the notice dated 3.1.2024 as also the subsequent intimation fixing the date as 16.01.2024 by the respondent no. 5, the Block Development Officer cum Executive Officer, Parsauni Block, Sitamarhi were quashed.

5. After the quashing of the earlier requisition, on 18.1.2024, fresh requisition addressed to the Pramukh was made by the Panchayat Samiti members detailing out the allegations against both the Pramukh as also the Up-Pramukh(Annexure-P/5). This was forwarded by the respondent no.5, Executive Officer cum B.D.O., Parsauni to the petitioner on 19.1.2024.

6. The petitioner incorporated her comments on 25.1.2024 observing that the second no confidence motion in one year cannot be allowed and as such the notice dated 18.1.2024 was rejected.

7. As the Pramukh (the petitioner herein) chose to reject the requisition request, as per 'the Act', it was presented before the Up-Pramukh, who in turn, fixed the date as 13.02.2024. Subsequently, the respondent no.5, the Executive Officer, Panchayat Samiti cum Block Development Officer, Parsauni vide office letter no. 129 dated 30.1.2024 notified 13.2.2024 to be the date for taking up the 'No Confidence Motion' against the petitioner (the Pra