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IN THE HIGH COURT OF JUDICATURE AT PATNA
Rajesh Kumar Verma
Rinki Kumari Wife of Sri Santosh Kumar – Appellant
Versus
State of Bihar through the Principal Secretary, Panchayati Raj Department – Respondent
JUDGMENT :
Rajesh Kumar Verma, J.
Heard Mr. Ashok Kumar Choudhary, learned senior counsel for the petitioner assisted by Mr. Ujjwal Kumar, learned counsel, Mr. Bindhyachal Singh, learned senior counsel appearing on behalf of the respondent no. 7, Mr. Vinay Ranjan, learned counsel appearing on behalf of respondent no. 5 as well as learned counsel for the State.
2. The present writ petition has been filed for the following reliefs:-
a) To hold and declare that the omission on part of the Respondent Authorities in not putting the no confidence motion to vote against the Pramukh and Up-Pramukh of the Panchayat Samiti, Ujiyarpur (District- Samastipur) in the special meeting dated 12.01.2024 is illegal, arbitrary and contrary to the provisions of the BIHAR PANCHAYATI RAJ ACT , 2006 (as amended from time to time) as well as judicial pronouncements of the Hon’ble Court.
b) Consequently, to hold and declare that in the absence of the motion of no-confidence being put to vote against the Pramukh and Up-Pramukh of the Panchayat Samiti, Ujiyarpur (District- Samastipur) in the special meeting dated 12.01.2024, the legal bar of moving a fresh motion of no confidence stipulated under Section 44(3) (i
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....
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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