Patna High Court
Smt. Lalita KumariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PARTHA SARTHY
Holding
The Up‑Pramukh’s action was ultra vires of Section 44(3) of the Bihar Panchayat Raj Act, 2006, and the letter fixing the meeting date is set aside.
Summary
The petitioner, Smt. Lalita Kumari, the Pramukh of a Panchayat Samiti, challenged a letter dated 06‑03‑2026 issued by the Up‑Pramukh that fixed 16‑03‑2026 for a special meeting to consider a no‑confidence motion against her. She argued that the Up‑Pramukh acted beyond his authority because, under Section 44(3) of the Bihar Panchayat Raj Act, 2006, the Pramukh must convene such a meeting within 15 days of receiving a requisition, and only if the Pramukh fails may the Up‑Pramukh intervene. The Court examined the statutory provisions, noting that the requisition was received on 28‑02‑2026, giving the Pramukh until 15‑03‑2026 to call the meeting, which she did not. Consequently, the Up‑Pramukh’s fixing of the meeting for 16‑03‑2026 was held ultra vires. The Court set aside the Up‑Pramukh’s letter, directed the Pramukh to fix a date within the statutory period, and allowed the writ application.
Issues considered
- Whether the Up‑Pramukh’s fixing of the date for the special meeting on 16‑03‑2026 violates Section 44(3) of the Bihar Panchayat Raj Act, 2006.
- Whether the letter dated 06‑03‑2026 issued by the Up‑Pramukh should be quashed.
- Whether the requisition for a no‑confidence motion was validly acted upon.
Legislation cited
- Bihar Panchayat Raj Act, 2006 — s. 43(3), 44(3)
Subjects
- no‑confidence motion
- Panchayat Raj
- Up‑Pramukh
- special meeting
- jurisdiction
- Section 44(3)
- writ petition
- quashing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3710 of 2026
======================================================
Smt. Lalita Kumari Wife of Sanjay Yadav, Resident of Village- Taartar, P.O.-
Taartar, P.S.- Ghoswari, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Panchayati Raj, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
2. The Additional Chief Secretary, Department of Panchayati Raj, Government
of Bihar, Vikas Bhawan, Patna.
3. The Director, Panchayati Raj, Government of Bihar, Vikas Bhawan, Patna.
4. The State Election Commission, Bihar, Patna, Panchayati Raj, Sone
Bhawan, Beerchand Patel Marg, Patna.
5. The Collector-cum-District Magistrate, Patna.
6. The Block Development Officer-cum-Executive Officer, Block- Ghoswari,
District- Patna.
7. Ashok Kumar, Son of not known, Member of Panchayat Samiti, Ghoswari
Panchayat, Ward No. 4, Block- Ghoswari, District- Patna.
8. Babi Devi, Wife of Ram Pravesh Ram, Member of Panchayat Samiti,
Trimuhan-10 Panchayat Area, Block- Ghoswari, District- Patna.
9. Rupam Kumar @ Rupam Kumari, Wife of Ajeet Kumar, Member of
Panchayat Samiti, Paijana-6 Panchayat Area, Block- Ghoswari, District-
Patna.
10. Renu Devi, Wife of Birmani Paswan, Member of Panchayat Samiti,
Kumhrar- 9 (Isha Nagar) Panchayat Area, Block-Ghoswari, District- Patna.
11. Rinku Devi, Wife of Sonelal Mahto, Member of Panchayat Samiti,
Kurmichak- 5 Panchayat Area, Block- Ghoswari, District- Patna.
12. Anirudh Kumar, Son of Sitaram Prasad, Member of Panchayat Samiti,
Karara- 2 Panchayat Area, Block- Ghoswari, District- Patna, currently
serving as Up-Pramukh.
13. Rajobati Devi, Wife of Gopal Chauhan, Member of Panchayat Samiti,
Samya Garh- 7 Panchayat Area, Block- Ghoswari, District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner : Mr. Manoj Kumar Pandey, Advocate
Ms. Kumari Pallavi, Advocate
For the State : Mr. Subodh Kumar, AC to SC-26
For the Sate Election Comm. : Mr. Ravi Ranjan, Advocate
For the Resp. Nos.7 to 12 : Mr. S.B.K. Manglam, Advocate
Mr. Awnish Kumar, Advocate
======================================================
Patna High Court CWJC No.3710 of 2026 dt.12-05-2026
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
Date : 12-05-2026
Heard learned counsel for the parties.
2. The petitioner has filed the instant application for
the following relief(s) :
“1. That this writ application is being
filed for quashing of the letter dated 06.03.2026,
Letter No 65, issued by the Up-Pramukh, Block-
Ghoswari, District- Patna, whereby the Up-
Pramukh has scheduled a no-confidence motion
fixing the date on 16.03.2026. This action is in
utter violation of Section 44(3) of the Bihar
Panchayat Raj Act, without considering that the
petitioner had to fix the date for no-confidence
motion within 15 days, a period which was set to
expire on 08.03.2026. The Up-Pramukh, acting in
collusion with other members, has fixed this date
by exceeding his jurisdiction and usurping the
power of the Up-Pramukh.
A true photocopy of the letter dated
06.03.2026 issued by the Up-
Pramukh is annexed herewith and
marked as Annexure-P/1.
(i) For a further direction to the
respondent authorities not to conduct the no-
confidence motion on 16.03.2026, as the issuance
of letter by the Up-Pramukh fixing the date is
itself without jurisdiction.
(ii) For the quashing of the
letter/application dated 27.02.2026 submitted by
Patna High Court CWJC No.3710 of 2026 dt.12-05-2026
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the members of the Panchayat Raj Samiti, as well
as the consequential letter dated 28.02.2026,
Letter No. 155 issued by the Block Development
Officer-cum-Executive Officer, as the allegations
leveled in the applications are vague and a no-
confidence motion cannot be called on the basis
of vague allegations.
(iii) To pass any other order or orders
as Your Lordships may deem fit and proper in the
facts and circumstances of the case.”
3. The relevant facts in brief are that some of the
members of the Panchayat Samiti moved the motion of no
confidence against the petitioner/pramukh on 27.2.2026,
which was received by the Executive Officer on 27.2.2026.
The Executive Officer forwarded the requisition to the
petitioner/pramukh by his letter no.155 dated 28.2.2026.
4. Learned counsel for the petitioner submits that by
letter no. 65 dated 6.3.2026, the Up-pramukh fixed date of
16.3.2026 for considering the no confidence motion moved
against the petitioner/pramukh.
5. Bereft of unnecessary details, it may be observed
here that section 44(3) of the Bihar Panchayat Raj Act, 2006
provides that the pramukh on being presented with such a
requisition by 1/3rd of the total numbers of members elected
shall convene a special meeting on a date falling within 15
Patna High Court CWJC No.3710 of 2026 dt.12-05-2026
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days of such requisition. If the pramukh fails to call the
special meeting, the Up-pramukh or 1/3rd 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.
6. On a bare perusal of the provision as contained
under section 43(3) of the Act, it would transpire that on
receipt of requisition, it is for the pramukh to call the special
meeting for considering the motion of no confidence.
7. So far as the instant case is concerned, the
requisition having been received by the petitioner/pramukh on
28.2.2026, the petitioner/pramukh had time till 15.3.2026 to
call the meeting, instead the Up-pramukh by his letter dated
6.3.2026 itself fixed the meeting for 16.3.2026.
8. In the opinion of the Court, this is clearly in teeth
of the provisions contained in section 44(3) of the Act.
Reference may also be made to the judgment in the case of
Munni Khatun vs. State of Bihar & Ors.; 2024 (4) BLJ 820
(DB).
9. In the facts and circumstances of the case, the
letter dated 6.3.2026 issued by the Up-pramukh, Block-
Patna High Court CWJC No.3710 of 2026 dt.12-05-2026
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Ghoswari, District- Patna whereby the date of 16.3.2026 was
fixed for holding of the special meeting for considering the no
confidence motion against the petitioner is hereby set aside.
10. No meeting having been fixed by the pramukh
pursuant to the requisition dated 27.2.2026 which was the
subject matter of the instant writ application, the pramukh will
be required to fix a date within a period of 15 days from today
as contemplated under section 44(3) of the Bihar Panchayat
Raj, Act, 2006.
11. The writ application stands allowed.
(Partha Sarthy, J)
Shiv/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 14.05.2026
Transmission Date
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