SATYA NARAYAN YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Challenging vires of Section 58(1) of the Jharkhand Panchayati Raj Act, 2001, present writ petition has been filed.

(2.) The petitioner is the Vice-Chairman of Zila Parishad, Garhwa. On 21.08.2012, a 'No Confidence Motion' was moved against the Chairman, Zila parishad, Garhwa in which 42 members participated. The Zila parishad is constituted with 44 members which included elected as well as nominated members. In the 'No Confidence Motion', out of 42 members who participated, 26 members supported the Motion and 12 members opposed the Motion for 'No Confidence'. In view of the aforesaid facts, the petitioner has approached this Court challenging the provision in Section 58(1) of the Jharkhand Panchayati Raj Act, 2001 on the ground that the requirement of 3/4th members supporting the 'Motion' is not in consonance with the earlier provision of the Act and also not in consonance with the Bihar Panchayati Raj Act.

(3.) A counter-affidavit has been filed narrating the constitution of Zila Parishad as envisaged under Section 49 (1) of the 2 Jharkhand Panchayati Raj Act, 2001. It is stated that Section 49(2) of the Act provides that all the members of Zila Parishad shall have the right to vote in the meetings of the Zila Parishad.