The High Court dismissed the writ petition as infructuous. The petition sought the quashing of a no-confidence motion drop, a special meeting, and restraint of functionaries. The court found the matter became infructuous based on the prayer itself.
The petition was dismissed as infructuous.
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.17067 of 2018
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... ... Petitioner/s
Patna High Court CWJC No.17067 of 2018(3) dt.07-10-2024 2/4
Panchayat Samitee Ward NO. 06, Panchayat Raj- Kanshar and the UP Pramukh of the Panchayat Samitee, Belsand, District- Sitamarhi, Resident of Village Pararahi, P.S.- Belsand Sitamarhi.
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Tejendra Sinha, Advocate For the Respondent/s : Mr. Kumar Alok- SC7 ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
3 07-10-2024 Heard the parties.
grant of following relief/s:-
“(i) For issuance of an appropriate Writ/Writs in the nature of Mandamus to quash and set-aside the Memo No.698, dated-27-07-2018 ed-27-07-201 issued by the respondent Block development Officer cum Executive Officer, Panchayat Samitee, Belsand by which a vote of No Confidence Motion against the Pramukh and Up Pramukh of the Belsand Panchayat samitee has been dropped without any voting against Section-46(7) of the Gram Panchayat Raj Act as well as Section-44(vii) on the request
Patna High Court CWJC No.17067 of 2018(3) dt.07-10-2024 3/4
of the petitioner and other, a special meeting was convened on 27-07-2018 in out of total 12th Members of Panchayat Samitee, 6 appeared and one member namely Md. Shaukat Ali the member of the Panchayat Samitee ward No.11 (Gram Panchayat Raj, Pachnaur), who previously informed to the Respondent B.D.O.at 12.40 p.m on his Mobile No. 9431818509 through Mob. No.9473006370 and request that being Mohammdan he has to perform NAMAJ and as such he would attend meeting 1,o'clock to 2,o'clock and after getting assurance of the Respondent B.D.O. after performing the religious custom he went to participate in special meeting within time at about 1.30 p.m. but before that meeting was over and vote of No-confidence motion dropped before that ignoring proposal No.-2 of the proceeding Register of the said special meeting in which it was consented by all presently members that discussion on vote of No-Confidence will be done between 1,0'clock to 2 p.m. but they without any discussion dropped the meeting at about 1.30 p.m. without waiting till fixed time 2.p.m.
(ii) For issuance of an appropriate Writs to direct the respondent to convene special meeting in the Guidance of the
Patna High Court CWJC No.17067 of 2018(3) dt.07-10-2024 4/4
District Magistrate, Sitamarhi for the vote of No Confidence Motion against Pramukh and Up Pramukh of Belsand Block, DistrictSitamarhi as special meeting convened on 27-07-2018 is nonest in the eye of Law.
(iii) Further for issuance of an appropriate Writ or Writs commanding and directing upon the respondents to restrain the respondent No. 8 and 9 not to function as Pramukh and Up Pramukh of the Belsand Block till the disposal of instant Writ petition.
(iv) For any other relief/reliefs in the facts and Circumstances of this case may kindly consider.”
(Rajiv Roy, J)
Adnan/-
U
2 issues framed by the court
Whether the writ petition seeking to set aside a dropped no confidence motion is maintainable given the matter has become infructuous.
Whether the High Court should issue directions to convene another meeting or restrain functionaries while the petition is dismissed as infructuous.
2 provisions across 1 enactments
Anuja Sinha and Ors
The State Of Bihar
The Director, Panchayati Raj Govt of Bihar, Patna
The District Magistrate, Sitamarhi
The District Panchayati Raj Officer, Sitamarhi
The Sub-Divisional Officer, Belsand District Sitamarhi
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
