This order dismissed a writ petition challenging a no-confidence motion passed against a sitting Panchayat PramuhaPrmusk. Writing an oral judgment, the Court held no procedural infraction warranted interference after noting the petitioner contested the allegations. Consequently, the petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23247 of 2013
======================================================
Bhola Prasad S/O Late Lachho Rajak, resident of Village + P.O. Bhatta, P.S. + Block - Kashichak, District - Nawadah
.... .... Petitioner/s Versus 1. The State of Bihar 2. The District Magistrate, Nawadah 3. The Sub-Divisional Officer, Nawadah 4. The District Panchayat Raj Officer, Nawadah 5. The Block Development Officer-cum-Chief Executive Officer, Panchayat Samiti - Kashichak, District - Nawadah 6. The State Election Commission, represented through its Secretary, State Election Commission, Bihar, Sone Bhawan 3rd Veer Chand Patel Path, Patna - 800001 7. Shri Gauri Shankar Singh-Up- Pramukh of Panchayat Samiti - Kashichak 8. S/O Late Ram Gulam Singh, resident of Village + P.O. - Khakhri, P.S. + Block - Kashichak, District - Nawadah 9. Shri Ashok Sharma S/O not known to the petitioner member of Panchayat Samiti - Kashichak, District - Nawadah, represented through the B.D.O.-cum-Chief Executive Officer, Panchayat Samiti - Kashichak, District - Nawadah 10. Shri Pappu Ram S/O not known to the petitioner member of Panchayat Samiti - Kashichak, District - Nawadah, represented through the B.D.O.-cum-Chief Executive Officer, Panchayat Samiti-Kashichak, District - Nawadah 11. Shri Shakeel Ahmad S/O not known to the petitioner member of Panchayat Samiti - Kashichak, District- Nawadah, represented through the B.D.O.-cum-Chief Executive Officer, Panchayat Samiti - Kashichak, District- Nawadah 12. Smt. Sudha Devi W/o not known to the petitioner member of Panchayat Samiti - Kashichak, District - Nawadah, represented through the B.D.O. -cum-Chief Executive Officer, Panchayat SamitiKashichak, District - Nawadah 13. Smt. Anita Devi W/O not known to the Petitioner member of Panchayat Samiti - Kashichak, District-Nawadah, represented through the B.D.O. – cum-Chief Executive Officer, Panchayat Samiti-Kashichak, DistrictNawadah 14. Smt. Sunita Devi W/O not known to the petitioner member of Panchayat Samiti - Kashichak, District - Nawadah, represented through the B.D.O.-cum-Chief Executive Officer, Panchayat Samiti-Kashichak, District- Nawadah 15. Smt. Rita Devi W/o not known to the petitioner member of Panchayat Samiti-Kashichak, District-Nawadah, represented through the B.D.O.cum-Chief Executive Officer, Panchayat Samiti- Kashichak, DistrictNawadah 16. Smt. Sunita Kumari W/O not known to the petitioner member of Panchayat Samiti - Kashichak, District - Nawadah, represented through the B.D.O.-cum-Chief Executive Officer, Panchayat Samiti- Kashichak, District- Nawadah
======================================================
.... .... Respondent/s
Patna High Court CWJC No.23247 of 2013 (2) dt.27-01-2015
2
Appearance:
For the Petitioner/s : Mr. Shri Prakash Srivastava, Advocate For the Respondent/s : Mr. Girija Shankar Pd, Advocate
====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER
2 27-01-2015 Heard Mr. Shri Prakash Srivastava, learned counsel for the petitioner, learned counsel for the State and learned counsel for the State Election Commission.
The petitioner, a sitting Pramukh of Panchayat Samiti Kashichak in the District of Nawada has questioned the ‘no confidence motion’ passed against him in the special meeting held on 9.10.2013, a copy of which is placed at Annexure-6 to the writ petition.
Although the proceedings is sought to be questioned on grounds of procedural infraction but the circumstances reflecting from the minutes of the meeting present at Annexure-6 manifests that the petitioner has participated in the proceedings and has contested the allegations and whereafter he has been voted out from the office.
There is no other infirmity in the initiation of the proceedings of ‘no confidence motion’ warranting interference.
For the reasons aforementioned, the writ petition is dismissed.
(Jyoti Saran, J)
S.Sb/-
U
1 issue framed by the court
Whether the writ petition questioning the validity of a 'no confidence motion' against a Panchayat Pramukh deserves interference.
Bhola Prasad
The State of Bihar
District Magistrate, Nawadah
State Election Commission
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
