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IN THE HIGH COURT OF JUDICATURE AT PATNA
K.Vinod Chandran, Partha Sarthy
Dhirendra Mishra @ Dheerendra Mishra Son of Kedar Mishra – Appellant
Versus
State of Bihar through the Chief Secretary – Respondent
JUDGEMENT :
K. Vinod Chandran, CJ.
The appeal is from the interim order in the writ petition, which stayed the special meeting convened on 15.02.2024 to consider the no-confidence motion against the Up-Pramukh of the Panchayat; the writ petitioner. In the writ petition, the Up-Pramukh, who is the writ petitioner, challenged the convening of the special meeting to consider the no-confidence motion. When the appeal came before us, we called for the writ petition also since the disposal of the appeal would lead to the disposal of the writ petition itself.
2 . The learned Single Judge in the impugned order in appeal, has referred to L.P.A. No.115 of 2024 which dealt with the no-confidence motion against the Adhyaksh of the Zila Parishad, Darbangha on 12.01.2024. The learned Single Judge stayed the special meeting convened to consider the no-confidence motion against the writ petitioner/Up- Adhyaksh only since the appeal was pending which related to the no-confidence motion moved and carried against the Adhyaksh of the very same Zila Parishad. The L.P.A. has been disposed of by judgment dated 22.02.2024. Therein, the contention raised was whether the requisition made on 03.01.2024 could be
No-confidence motions against the Up-Pramukh can be validly convened even without delegation by the Adhyaksh, and reasons must be specified in notices as per the Act.
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 main legal point established in the judgment is that the 'Motion of No Confidence' must fulfill the mandatory requirements set out in Section 35 of the Maharashtra Village Panchayats Act, 1959, a....
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