DHIRENDRA MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants before this Court are members of the Darbhanga Zila Parishad, challenging the judgment of the learned Single Judge. The appellants contend that the Adhyaksha and Up-adhyaksha of the Zila Parishad were removed by reason of a 'No Confidence Motion' after which the writ petition was filed. In the writ petition, the learned single Judge found that 'No Confidence Motion' having been moved within two years, the meeting could not have been convened by the Adhyaksha, since the provisions of Sec. 70 (4) (ii) of the Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the 'Act') prohibited such a motion during the first two year period of the tenure; of the Council.

(2.) Learned counsel for the appellants Mr. S. B. K. Mangalam submits that in fact the two year period had passed by one day and the meeting scheduled had gone ahead with 26 out of the 47 members voting in favour of the 'No Confidence Motion'.

(3.) Mr. Y V Giri, learned Senior Counsel appearing for respondent nos. 51 and 52 would submit that the appellants do not have locus standi, since they are not the requisionists. It is also submitted that the rigor insofar as Sec. 70 (4) (ii) of the Act, is insofar as 'No Confidence Motion' within a two year period and the two year period ends only on 4/1/2024; the Adhyaksha and Up-adhyaksha having taken charge on 3/1/2022. It is also submitted that the Up-adhyaksha was not in station and was abroad and there was no notice served on her. There is specific provision as per Sec. 70 (4) (vi) of the Act that during discussion, an opportunity should be given to the Adhyaksha or Up-adhyaksha, against whom 'No Confidence Motion' is moved, to put-forth their defence. It is also submitted that the Up-adhyaksha was not present at the time of the meeting also.