LALAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Letters Patent Appeal has been filed against the order dated 12 April, 2002 in C.W.J.C. No. 3855. of 2002 : Lalan Singh and Ors. V/s. The State of Bihar and Ors.

(2.) SOME members of the Panchayat Samiti filed a writ petition that a motion of no confidence against the Pramukh was not permitted to be carried by the Executive Officer. This Court is not going into the question that a motion of no confidence was hovering between fifty -fifty votes cast or the Pramukh 'svote had stabilised the motion and if his vote is not to be counted the motion may be carried. This is not an issue.

(3.) THE Court has examined the proposal which was considered at the meeting on a motion of no confidence. Counsel has been unable to specify on what exactly the Pramukh was supposed to answer when the misdemeanours or allegations against him have not been spelled out with specific instances. If this becomes a general practice, it will play up havoc with the Panchayats recently rendered functional in Bihar.