ORAL JUDGMENT

Date : 23-01-2024 Heard Mr. Gyanand Roy, learned counsel along with Mr. Kumar Mritunjay Narain, learned counsel appearing on behalf of the petitioner; Mr. Awadhesh Prasad Sinha, learned counsel for the Zila Parishad and learned AC to GA-5 for the State.

2. Grievance of the petitioner is that there is violation of provision of Sections 70(4)(i) and 70(5) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the ‘Act’). Petitioner submits that the exercise of power by the District Magistrate, Nalanda under Section 70(5) of the Act is without jurisdiction inasmuch as without assigning any reason he has stayed the special meeting of ‘No Confidence Motion’ in respect of the Chairman and Deputy Chairman of Zila Parishad, Nalanda. The Act mandates that once the requisition is made before the Chairman, then the Chairman is required to hold a special meeting of ‘No Confidence Motion’.

3. Considering the requirement of the Act, the members of the Zila Parishad are directed to give their attendance in person before the Chairman of the Zila Parishad, Nalanda on 25.01.2024.

4. The District Magistrate, Nalanda is directed to ensure that the Chairman fixes a date of special