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RAJIV ROY
Jay Kumari – Appellant
Versus
State of Bihar – Respondent
Rajiv Roy, J.—Heard Mr. Sudhir Kumar Singh duly assisted by Mrs. Bandana Singh, learned counsel for the petitioner and Mr. Manoj Kumar has suo moto appeared on behalf of the respondent no.7.
2. Learned counsel for the petitioner undertakes to provide a copy of the petition in course of the day.
3. The present writ petition has been been preferred for the grant of following reliefs:—
(i) For quashing of requisition dated 26.09.2024 filed by 16 members of Sonpur Block Panchayat Ara Sadar, District- Bhojpur at Ara address to the petitioner No. 1 by which the petitioner No. 1 has requested to call for the special meeting for considering the no confidence motion against the petitioner and Uppramukh of Sonpur Block Panchayat Samiti, District- Saran in terms of provision made in Section 44 (3) (ii) of Bihar Panchayati Raj Act.
(ii) For during pendency of the present writ application any proposed special meeting to consider no confidence motion against the petitioner may be kept in abeyance.
(iii) For any other relief/s for which the petitioner may found to be entitled within the facts and circumstances of this case.
4. The case of the petitioners, the ‘Pramukh’ and ‘Up-Pramukh’ of Ara Sadar Blo
No confidence motions must be taken to their logical conclusion if not previously voted upon, ensuring adherence to procedural requirements.
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.
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....
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