Kumar Sanjeev Singh v. The State of Bihar
Case brief
What is this about?
Patna High Court CWJC No.1304 of 2024, decided 22-01-2024 by Purnendu Singh, J.; petitioner Kumar Sanjeev Singh, Pramukh, Block Panchayat Samiti, Dehri, Rohtas (Sasaram); no-confidence motion fixed 23.01.2024; remedy under Section 157 Bihar Panchayat Raj Act, 2006 before District Magistrate; compliance with Sections 44 and 46 of the Act to be examined; DM to record signatures of Pramukh, Uppramukh and members, hear affected parties, pass speaking order within one week; special meeting of 23.01.2024 inoperative till DM's final decision; writ petition disposed of; respondents include State of Bihar, Panchayati Raj officials and elected members including Up-Pramukh Priyanka Devi.
What did the court decide?
Writ petition disposed of with directions to the District Magistrate, Rohtas at Sasaram to call for the records of the Panchayat Samiti, obtain the signatures of the Pramukh, Uppramukh and all members, hear the affected parties, and decide whether the calling of the No Confidence Motion fixed for 23.01.2024 violated Section 44 or Section 46 of the Bihar Panchayat Raj Act, 2006, passing a speaking order within one week; the special meeting dated 23.01.2024 to remain inoperative till the District Magistrate's final decision.