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Patna High Court

Smt. Lalita KumariversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/5




       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
                                           3/5




                          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
                                           4/5




          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
                                                       5/5




                      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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