BALCHAND RAJBANSI Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONERS are before this High Court seeking a direction upon the respondent authorities to convene a special meeting for debtaing a no confidence motion, based on the requisition contained in Annexure -t. They are aggrieved by the communication dated 20.8.2009 contained in Annexure -2 issued by the District Panchayati Raj Officer, Nawada, where he has refused to convene the meeting on the ground that in terms of Section 44(3) of Bihar Panchayat Raj Act, 2006, the two years period of Pramukh and Up -Pramukh has not lapsed since they have been put in place.

(2.) SUBMISSION of learned counsel for the petitioners is that this kind of rejection of their no confidence motion is misplaced because the authorities have neither the power nor the correct understanding of law on this issue. He submits that if earlier no confidence motion based on which the present Pramukh was elected has been carried out more than a year ago then a second no confidence motion can be put in motion. The provisions relating to removal of Pramukh or Up -Pramukh is contained in Section 44 of the Act. In this regard some of the provisions need to be reproduced for ready reference and proper interpretation. Section 44{3){i), (ii), (iii) and (iv) are relevant and are reproduced hereinbelow: - 44(3)(i) A Pramukh/Up -Pramukh of the Panchayat Samiti shall be deemed to have vacated his office forthwith if a resolution expressing want of confidence in him is passed by a majority of the total number of elected members of the Panchayat Samiti at a meeting specially convened for the purpose. The requisition for such a special meeting shall be presented to the Pramukh in writing with a copy to the Executive Officer of the Panchayat Samiti, by not less than one third of the total number of members elected directly from the territorial constituencies of the Panchayat Samiti. The Executive Officer shall immediately bring the requisition to the notice of the Pramukh. The Pramukh shall convene such meeting on a date falling within 15 days of such requisition. If the Pramukh fails to call the special meeting, the Up -Pramukh or one third of the total number of directly elected members may fix a date for such meeting and require the Executive Officer to give notice to the members and to take such action as may be necessary to convene the meeting. The Executive Officer shall necessarily issue such notice in time and convene the meeting. No such meeting shall be postponed once the notice for the same has been issued. No quorum shall be required for the special meeting convened to discuss no confidence motion.

(3.) CONTENTION of the petitioners is that clause (ii) of Section 44(3) only relates to the first election of the first Pramukh or Up - Pramukh thereafter it is free for all and every year a no confidence motion can be brought against the elected persons.