Rekha Devi @ Rekha Jha v. The State of Bihar
Bihar Panchayat Raj Act, 2006 – Sections 157, 44, 46 – No-confidence motion against Pramukh fixed for 19.01.2024
Case brief
What is this about?
Patna High Court, CWJC No.966 of 2024 (decided 18-01-2024, Purnendu Singh, J.), Rekha Devi @ Rekha Jha v. State of Bihar: writ disposed with directions under Section 157 of the Bihar Panchayat Raj Act, 2006 to the District Magistrate, Darbhanga to verify signatures and hear parties on requisition charges concerning a no-confidence motion fixed for 19.01.2024, test compliance with Section 44/Section 46 of the Act, pass a speaking order, and suspend the 19.01.2024 special meeting till final decision.
What did the court decide?
Writ petition disposed of with directions to the District Magistrate, Darbhanga, to call for the Panchayat Samiti records, secure signatures of the Pramukh, Uppramukh and members in his presence within two days, hear the affected parties, decide the matter on the charges in the requisition, and pass a speaking order strictly in accordance with law if violation of Section 44 or Section 46 of the Act is found; the special meeting dated 19.01.2024 was ordered to remain inoperative till the District Magistrate's final decision.