Members of Maijorganj Block Panchayat Samiti challenged a no-confidence motion that unseated the Up-Pramukh, alleging vague charges and improper fixing of the meeting date. The court noted the unseated member was not before it and the subsequent Up-Pramukh election went unchallenged, so nothing remained and the petition was disposed of.
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.4658 of 2024
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... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Onkar Kumar, Advocate For the Respondent/s : Mr.Standing Counsel 15 ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 19-08-2024 Heard the parties.
reliefs:
(i) for issuance of an appropriate writ in the nature of certiorari for quashing the requisition dated 31.01.2024 2024 and addressed to Respondent Pramukh wherein some elected members of the Maijorganj block panchayat samiti have expressed their want of confidence in
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Respondent No. 7(then UpPramukh) and a request was made to fix a date for special meeting for consideration of no confidence motion against him on the ground that the reasons and charges mentioned therein are not clear and are vague and thus in violation of mandatory requirements of the Bihar Panchayat raj Act, 2006(for sake of brevity herein after to be referred as the Act, 2006);
(ii) for issuance of an appropriate writ in the nature of certiorari for quashing the notice contained in letter no. 85 dated 05-02-2024 issued under the signature of Respondent no.5 whereby and where under elected members of the Maijorganj Block Panchayat Samiti were informed about special meeting scheduled on 12-02-2024 for
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consideration of no confidence motion against the respondent no. 7, on the ground that the said date for special meeting was fixed by respondent Executive officer which is without jurisdiction;
(iii) for issuance of an appropriate writ in the nature of certiorari for quashing the proceeding of special meeting dated 12-02-2024 whereby Respondent no 7 has been unseated from the post of Up-Pramukh on the ground that when the fixation of date of meeting that too based upon vague charges is an illegality, the meeting so convened also constitutes illegality;
(iv) for issuance of an appropriate writ in the nature of mandamus, commanding and directing the Respondent State Election Commission not to proceed with
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scheduled election on 18-3-2024 as said election is based upon illegal removal of respondent no.7;
(v) For a declaration that if statute prescribes a particular act to be done in a particular manner it should be done in that manner alone or not at all and any other mode is not only necessarily prohibited but also constitute illegality;
(vi) for issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner is entitled under the facts and circumstances of the case.
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are agitating herein.
(Rajiv Roy, J)
Ravi/-
U
2 issues framed by the court
Whether the requisition and notice for the no-confidence motion and the special meeting of 12.02.2024 removing the Up-Pramukh were vitiated by vague charges and lack of jurisdiction.
Whether the writ petition survives when the unseated Up-Pramukh is not a party and the subsequent election has not been challenged.
1 provisions across 1 enactments
Pravin Kumar
Rupam Devi
The State of Bihar through Additional Chief Secretary, Panchayati Raj Department
State Election Commission, Bihar
District Magistrate-cum-District Election Officer (Panchayat), Sitamarhi
Madan Kumar Mahto
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
