Shobha Devi v. The State of Bihar
Case brief
What is this about?
Up-Mukhiya; no-confidence motion; Section 157 Bihar Panchayat Raj Act, 2006; Section 18(4)(ii) seven-day notice (raised by State counsel); District Magistrate Vaishali; Gram Panchayat Raj Gauspur Chak Majahid, Block-Mahua, District Vaishali; vacancy of Mukhiya post after resignation; authorisation Memo No. 1384 dated 06.11.2023; Block Panchayat Raj Officer Mahua; adjournment of no-confidence meeting dated 13.01.2024; recommendation to Election Commissioner for fresh election of Mukhiya; Patna High Court CWJC No.762 of 2024; Purnendu Singh, J.; decision dated 12-01-2024; writ petition disposed of.
What did the court decide?
Writ petition disposed of with directions: petitioner permitted to file an application before the District Magistrate, Vaishali (to be filed the next day at 10:30 A.M.); District Magistrate directed to call for panchayat records, exercise power under Section 157 of the Bihar Panchayat Raj Act and take a final decision on the no-confidence motion against the Up-Mukhiya; State counsel to communicate the order forthwith to the District Magistrate, who may adjourn the 13.01.2024 no-confidence meeting if he needs time, otherwise ensure the meeting is held as scheduled if the petitioner defaults; District Magistrate may, if he finds it proper, recommend to the Election Commission(er) for a fresh election of Mukhiya.