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.

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) (ii) of the BIHAR PANCHAYATI RAJ ACT , 2006 (as amended from time to time) would not be attracted.

c) To pass any other order/orders in shape of a consequential relief to which the Petitioner may be found to be legally entitled to in the facts and circumstances of the instant case at hand.

3. Learned counsel for the petitioner submits that the petitioner has prayed in this writ petition 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.

4. Learned counsel for the petitioner submits that the petitioner was elected as member (constituency no. 21) of the Panchayat Samiti, Block- Ujiyarpur, District- Samastipur on 10.10.2021 and other members of the Panchayat Samiti of Block- Ujiyarpur were also elected along with the petitioner. The Pramukh, namely, Ranju Kumari was also elected under Section 40 of the BIHAR PANCHAYATI RAJ ACT , 2006.

5. Learned counsel for the petitioner submits that there is statutory bar on moving a no confidence motion against an elected Pramukh of the Panchayat Samiti within the first two year period of the tenure. The statute further provides that once such motion for no confidence is rejected no further motion can be moved for the remaining tenure. As per the Act, 2006, a motion for no confidence can be brought only once in the whole tenure of a Pramukh of the Panchayat Samiti. In the present case, just after completion of two years, under a deep rooted conspiracy of the Pramukh and her associates in the Panchayat Samiti, Block- Ujiyarpur, a requisition for convening a meeting of the Panchayat Samiti for discussing no confidence motion against the Pramukh was filed with a purpose to get the same rejected/failed so that no motion can be moved, thereafter, the Pramukh could enjoy her post freely till the end of her tenure. He further submits that the requisition dated 02.01.2024 under Section 44(3) of the Act, 2006 for convening a special meeting to discuss was sent to the Pramukh. The said requisition dated 02.01.2024 is purportedly signed by 17 members of the Panchayat Samiti, Ujiyarpur. The petitioner has received notice as contained in letter