A writ petition over a no-confidence requisition against a Panchayat Samiti Pramukh whose requisition was vague and lacked specific allegations. The court found it failed Section 44(3)(v), so the proposal lost force; petition allowed.
No-confidence proposal against petitioner declared to have lost its force; writ petition allowed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.619 of 2024
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Sony Kumari wife of Chandan Kumar, R/o Village Rita Bigha, P.S. Shakurabad, District-Jehanabad.
... ... Petitioner/s
Versus
Patna High Court CWJC No.619 of 2024(2) dt.11-01-2024 2/4
Ratni Faridpur, Block-Ratni Faridpur, Jehanabad.
Patna High Court CWJC No.619 of 2024(2) dt.11-01-2024 3/4
Samiti Members of the Block Panchayat Samiti, Ratni Faridpur, through the Block Development Officer cum Executive Officer, Block Panchayat Samiti, Ratni Faridpur, Block-Ratni Faridpur, Jehanabad.
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Suraj Samdarshi, Advocate. Mr. Avinash Shekhar, Advocate. Mr. Rohit Singh, Advocate. For the Respondent/s : Mr. Ajay Kumar Sinha, GA-8. Mr. Upendra Kumar Singh, AC to GA-8. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER
2 11-01-2024
Heard Mr. Suraj Samdarshi, learned counsel along with Mr. Avinash Shekhar and Mr. Rohit Singh, learned counsel appearing on behalf of the petitioner and Mr. Ajay Kumar Sinha, learned GA-8 along with Mr. Upendra Kumar Singh, learned AC to GA-8 for the State.
Patna High Court CWJC No.619 of 2024(2) dt.11-01-2024 4/4
Lalan Singh and Others Vs. The State of Bihar and Others
reported in 2002 (3) PLJR 201 .
petitioner and the law laid in the case of Lalan Singh (supra) , the proposal of ‘no confidence’ addressed to the petitioner who is the Pramukh of Ratni Faridpur, District – Jehanabad has lost its force for not having fulfilled the condition mentioned in
Section 44(3)(v) of the Bihar Panchayat Raj Act, 2006.
(Purnendu Singh, J)
mantreshwar/-
U
1 issue framed by the court
Whether the requisition for no-confidence motion against the Pramukh, lacking specific allegations of misdemeanour, satisfies Section 44(3)(v) of the Bihar Panchayat Raj Act, 2006?
Colour shows how this judgement treated each authority
Lalan Singh and Others Vs. The State of Bihar and OthersRelied on
2002 (3) PLJR 201
1 provisions across 1 enactments
Sony Kumari
The State of Bihar through the Additional Chief Secretary, Department of Panchayati Raj
Pankaj Kumar
Asharfi Khatoon
Afakh Alam
Savita Devi
Purnendu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
