The Patna High Court has set aside the proceedings of two special meetings held on 10th and 11th August 2018, where motions of no-confidence against the Pramukh and Up-Pramukh of the Block Panchayat Samiti, Vaishali, were defeated. The Court held that these meetings were manipulated to evade lawful removal from office and declared them null and void due to fraud on the law and democratic process.
In this case, ten elected members of the Block Panchayat Samiti had submitted a requisition on 2nd August 2018 seeking a special meeting to consider no-confidence motions against the Pramukh and Up-Pramukh. However, none of these requisitionists attended the scheduled meetings. This deliberate absence resulted in the failure of the motions and allowed the incumbents to retain their positions without facing any further challenge due to the bar under Section 44(3)(ii) of the Bihar Panchayati Raj Act, 2006, which prohibits a second no-confidence motion during the remaining term.
The petitioners, also elected members, challenged the entire episode as a planned abuse of the statutory process. The Court agreed and found overwhelming evidence of collusion between the requisitionists and the incumbents. It observed that the meetings were orchestrated to intentionally fail, thereby insulating the Pramukh and Up-Pramukh from any further no-confidence motions. Justice Ahsanuddin Amanullah, presiding over the matter, highlighted the unprecedented speed and irregularities in how the requisition was handled. The same day the requisition was submitted, the Block Development Officer (who also held the charge of Executive Officer of the Panchayat Samiti) forwarded it to the Pramukh, who fixed the meeting date within hours, and official notices were dispatched—all on 2nd August 2018. The Court criticized this as a suspiciously swift sequence, indicating premeditated collusion.
Most notably, the Court found that none of the ten requisitionists attended the meeting they themselves had requested. This, according to the Court, was not coincidental but a calculated act to defeat the motion and shield the incumbents from further challenge. The Court declared both special meetings and their outcomes as fraudulent and void. It further directed the District Magistrate of Vaishali to conduct a thorough inquiry into the conduct of the Block Development Officer involved, and instructed the State Government to develop safeguards against such misuse of the no-confidence process in the future.
Why This Judgment Matters
This ruling sends a strong message about the integrity of democratic processes in local governance. It underscores the responsibility of elected representatives to act in good faith and not manipulate legal procedures for personal or political gain. For the public, especially in Bihar, it assures that the judiciary will step in to prevent abuse of democratic rights and uphold transparency and accountability in Panchayati Raj Institutions. For the government, this decision is a call to plug procedural loopholes in the Bihar Panchayati Raj Act, 2006, that allow such manipulations to go unchecked. The judgment highlights the urgent need for regulatory reforms and stricter oversight mechanisms.
Legal Issues and Court’s Decision
- Whether the requisitioned special meetings on 10.08.2018 and 11.08.2018 were validly conducted.
Decision: The Court held that the meetings were manipulated and fraudulent, hence quashed. - Whether the absence of requisitionists from the meeting invalidates the proceedings.
Decision: Yes, the Court deemed it deliberate and fraudulent conduct to defeat the motion. - Whether further no-confidence motions are barred.
Decision: No, since the earlier meetings were fraudulent, the statutory bar does not apply. - Was the conduct of the Block Development Officer legal?
Decision: No, the Court found his actions to exceed his legal mandate and ordered a departmental inquiry.
Case Title
Hemant Kumar & Ors. v. The State of Bihar & Ors.
Case Number
CWJC No. 20751 of 2018
Citation(s)
2020 (1) PLJR 966
Coram and Names of Judges
Hon’ble Mr. Justice Ahsanuddin Amanullah
Names of Advocates and who they appeared for
- Mr. S.B.K. Mangalam, Advocate – For the Petitioners
- Mr. Kumar Alok (SC 7), Mr. Prem Ranjan Raj (AC to SC 7) – For the State
Link to Judgment
https://patnahighcourt.gov.in/viewjudgment/MTUjMjA3NTEjMjAxOCMxI04=-IDLwJTZoyGM=
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