Patna High Court – Orders
Priyanka Singh vs The State Of Bihar on 16 July, 2026
Author: A. Abhishek Reddy
Bench: A. Abhishek Reddy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8468 of 2026
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Priyanka Singh Wife of Dheeraj Kumar Singh, Resident of Vill and PO Satasi,
P.S.-Ishuapur, District Saran, Bihar 841411, Presently Up-Adhyaksh of Saran
Zila Parishad, District Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Panchayati Raj
Department, Government of Bihar, Patna.
2. State Election Commission, Bihar, Patna through its Secretary, 3rd floor,
Sone Bhawan, Veer Chand Patel Path, Patna.
3. District Magistrate-cum-District Election Officer (Panchayat), Saran at
Chapra.
4. Deputy Development Commissioner, Saran at Chapra-cum-Executive
Officer, Saran Zila Parishad, District Saran at Chapra.
5. Jaimitra Devi, Wife of Amar Rai, Resident of vill Jaitiabajitpur, PO
Mehrauli, District Saran at Chapra, presently Adhyaksh, Saran Zila Parishad,
District- Saran at Chapra.
6. Akhtar Hussain, Son of Late Shafik Ahmed, presently member from
territorial constituency no.1, Saran Zila Parishad, District Saran at Chapra.
elected members of Saran Zila Parishad through Executive Officer, Saran
Zila Parishad, District- Saran at Chapra.
7. Tuntun Singh, Son of Surendra Singh, presently member from territorial
constituency no.2, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
8. Nusrat Praveen, wife of Parvej Akhtar, presently member from territorial
constituency no.3, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
9. Ruchi Priya Devi, wife of Manoranjan Thakur, presently member from
territorial constituency no.4, Saran Zila Parishad, District Saran at Chapra.
elected members of Saran Zila Parishad through Executive Officer, Saran
Zila Parishad, District- Saran at Chapra.
10. Geetu singh, wife of Vrijendra Kumar, presently member from territorial
constituency no. 5, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
11. Indu Devi, wife of Shiv Shankar Singh, presently member from territorial
constituency no.6, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
12. Anil Kumar Singh, Son of Parshuram Singh, presently member from
territorial constituency no.7, Saran Zila Parishad, District Saran at Chapra.
elected members of Saran Zila Parishad through Executive Officer, Saran
Zila Parishad, District- Saran at Chapra.
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13. Ramavati Singh, wife of Pankaj Singh, presently member from territorial
constituency no.8, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
14. Goldi Kumari, wife of Aashutosh Tiwari, presently member from territorial
constituency no.9, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
15. Kanti Devi, wife of Jaglal Yadav, presently member from territorial
constituency no.10, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
16. Raghuvansh Singh, Son of Shri Krishna Singh Bhagwan Singh, presently
member from territorial constituency no.1, Saran Zila Parishad, District
Saran at Chapra. elected members of Saran Zila Parishad through Executive
Officer, Saran Zila Parishad, District- Saran at Chapra.
17. Bandana Kumari, wife of Shailesh Kumar, presently member from territorial
constituency no. 12, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
18. Guddu Shah, Son of Late Ram Prasad Shah, presently member from
territorial constituency no.13, Saran Zila Parishad, District Saran at Chapra.
elected members of Saran Zila Parishad through Executive Officer, Saran
Zila Parishad, District- Saran at Chapra.
19. Rambha Kumari, wife of Laxman Ram, presently member from territorial
constituency no.14, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
20. Prem Kumar Ranjan, Son of Gautam Rai, presently member from territorial
constituency no.15, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
21. Abhay Tarkeshwar Ram, Son of Bundela Ram, presently member from
territorial constituency no.17, Saran Zila Parishad, District Saran at Chapra.
elected members of Saran Zila Parishad through Executive Officer, Saran
Zila Parishad, District- Saran at Chapra.
22. Kiran Devi, wife of Late Sanjay Shah, presently member from territorial
constituency no.18, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
23. Anita Navin, wife of Navin Kumar Singh @Abhay Singh, presently member
from territorial constituency no.19, Saran Zila Parishad, District Saran at
Chapra. elected members of Saran Zila Parishad through Executive Officer,
Saran Zila Parishad, District- Saran at Chapra.
24. Anand Kumar Rai, Son of Ram pravesh Rai, presently member from
territorial constituency no. 20, Saran Zila Parishad, District Saran at Chapra.
elected members of Saran Zila Parishad through Executive Officer, Saran
Patna High Court CWJC No.8468 of 2026(6) dt.16-07-2026
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Zila Parishad, District- Saran at Chapra.
25. Meena Arun, wife of Arun Singh, presently member from territorial
constituency no. 21, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
26. Md. Illiyas Ansari, Son of Md. Kaisar Ansari, presently member from
territorial constituency no. 22, Saran Zila Parishad, District Saran at Chapra.
elected members of Saran Zila Parishad through Executive Officer, Saran
Zila Parishad, District- Saran at Chapra.
27. Hari Shankar Singh, Son of Sidhar Singh, presently member from territorial
constituency no. 23, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
28. Aasha Gupta, wife of Shri Bhagwan Gupta, presently member from
territorial constituency no. 24, Saran Zila Parishad, District Saran at Chapra.
elected members of Saran Zila Parishad through Executive Officer, Saran
Zila Parishad, District- Saran at Chapra.
29. Chhavinath Singh, Son of Ram ji Singh, presently member from territorial
constituency no. 25, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
30. Urmila Devi, wife of Avadh Lal Gupta, presently member from territorial
constituency no. 27, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
31. Chandani Devi, wife of Ashok Singh, presently member from territorial
constituency no. 28, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
32. Harivansh Rai, Son of Rajendra Rai, presently member from territorial
constituency no. 29, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
33. Ratnesh Kumar Bhagat, Son of Sudama Bhagat, presently member from
territorial constituency no. 30, Saran Zila Parishad, District Saran at Chapra.
elected members of Saran Zila Parishad through Executive Officer, Saran
Zila Parishad, District- Saran at Chapra.
34. Sunita Singh, wife of Sanjay Kumar Singh, presently member from
territorial constituency no. 31, Saran Zila Parishad, District Saran at Chapra.
elected members of Saran Zila Parishad through Executive Officer, Saran
Zila Parishad, District- Saran at Chapra.
35. Aalok Rai, Son of Rajeshwar Rai, presently member from territorial
constituency no. 32, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
36. Usha Devi wife of Sunil Kumar, presently member from territorial
constituency no. 33, Saran Zila Parishad, District Saran at Chapra. elected
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members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
37. Mukesh Kumar Ram, Son of Rajdev Ram, presently member from territorial
constituency no. 34, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
38. Sneha Singh, wife of Amit Kumar Singh, presently member from territorial
constituency no. 35, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
39. Vinod Rai, Son of Chandeshwar Rai, presently member from territorial
constituency no. 36, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
40. Aasha Kumari, wife of Manohar Ram, presently member from territorial
constituency no. 37, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
41. Neetu Rai, wife of Raj Kishore Rai, presently member from territorial
constituency no. 38, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
42. Ramavati Devi, wife of Ajay Kumar Manjhi, presently member from
territorial constituency no. 39, Saran Zila Parishad, District Saran at Chapra.
elected members of Saran Zila Parishad through Executive Officer, Saran
Zila Parishad, District- Saran at Chapra.
43. Priti Raj, wife of Piyush Raj, presently member from territorial constituency
no. 40, Saran Zila Parishad, District Saran at Chapra. elected members of
Saran Zila Parishad through Executive Officer, Saran Zila Parishad, District-
Saran at Chapra.
44. Karunesh Kumar Singh, son of Virendra Singh, presently member from
territorial constituency no. 41, Saran Zila Parishad, District Saran at Chapra.
elected members of Saran Zila Parishad through Executive Officer, Saran
Zila Parishad, District- Saran at Chapra.
45. Jafar Ikbal, son of Idrish Ansari, presently member from territorial
constituency no. 42, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
46. Golok Bihari Sharan Singh, son of Surendra Mohan Singh, presently
member from territorial constituency no. 43, Saran Zila Parishad, District
Saran at Chapra. elected members of Saran Zila Parishad through Executive
Officer, Saran Zila Parishad, District- Saran at Chapra.
47. Chinta Devi, wife of Suman Kumar, presently member from territorial
constituency no. 44, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
48. Vibha Devi, wife of Ashok Kumar Yadav, presently member from territorial
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constituency no. 45, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
49. Richa Rai, wife of Shiv Shankar Mandal, presently member from territorial
constituency no. 46, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
50. Sunil Kumar Rai, son of Rameshwar Rai, presently member from territorial
constituency no. 47, Saran Zila Parishad, District Saran at Chapra. elected
members of Saran Zila Parishad through Executive Officer, Saran Zila
Parishad, District- Saran at Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Srivastava, Sr. Adv.
: Mr. Rajesh Roy, Adv.
For Respondent No. 2 : Mr. Ravi Ranjan, Adv.
For Respondent No. 4 : Mr. Bajrangi Lal, Adv.
For Respondent No. 5 : Mr. Rajnikant, Adv.
For Respondent No. 6 : Mr. Y.V. Giri, Sr. Adv.
: Mr. Onkar Kumar, Adv.
For Respondents : Ms. Nikita Mital, Adv.
For the Respondent/s : Mr. Gyan Prakash Ojha, Government Advocate (7)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
6 16-07-2026
Heard the learned counsel for the parties.
The present writ petition has been filed for the
following relief(s):-
“i. For issuance of an appropriate writ
in the nature of certiorari or any other similar writ
in similar nature for quashing the requisition dated
NIL which has been directly filed before the
Respondent no. 4 on 26-05-2026 by some elected
members of Saran Zila Parishad on the ground the
said requisition is thoroughly illegal and not
maintainable and not in conformity of the Statute.
ii. For issuance of an appropriate writ
in the nature of certiorari or any other writ of
similar nature, for quashing the notice contained in
letter no. 167 dated 04-06-2026 issued under the
signature of Respondent No. 4 whereby and where
under the elected members of the Saran Zila
parishad has been informed about special meeting
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confidence motion against the writ petitioner, on the
ground that not only the requisition dated nil is
illegal but also the notice issued based on same is
also highly illegal and in contravention of
provisions of Bihar Panchayat Raj Act, 2006 (for
sake of brevity herein after referred as the Act,
2006).
iii. For issuance of an appropriate writ
in the nature of mandamus, commanding and
directing the respondent authorities not to proceed
in terms of said requisition as also the notice since
same will perpetuate further illegality.
iv. For a declaration that if statute
prescribes a particular act to be done in a
particular manner it should be done in that manner
alone or not at all and any other mode is not only
necessarily prohibited but also constitute illegality.
v. For a declaration that if under the
scheme of the act, 2006 the statute does not
contemplate any power or duty assigned to any
Upadhayaksh of any Zila Parishad when Adhyaksh
is available then in that view of the matter, any
allegation of misuse or abuse of such power or duty
is nothing but an illegality and thus no validity can
be attached to any such requisition which contains
such allegation.
vi. For issuance of any other
appropriate writ/writs, order/orders,
direction/directions for which the writ petitioner is
entitled under the facts and circumstances of the
case.”
3. Bereft of details, the facts necessary for disposal
of the present writ petition are, that the petitioner was elected as
a member of the Saran Zila Parishad and thereafter, she was
elected as Upadhayaksh (Deputy Chairperson). That in the
earlier round of litigation, the petitioner had questioned the
requisition dated 05.02.2024 seeking her removal from
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Upadhayaksh by way of CWJC No. 2881 of 2024. The said
CWJC was disposed of by this High Court on 16.02.2024
directing the District Magistrate to enquire into the matter under
Section 157 of the Bihar Panchayat Raj Act, 2006 and take
necessary steps. That pursuant to the said direction, the District
Magistrate directed the respondent Nos. 4 & 5 herein to act in
accordance with law. Thereafter, the respondent No. 4 issued
letter dated 28.02.2024 fixing the date of meeting on
09.03.2024, the same was challenged by the petitioner by way
of CWJC No. 4364 of 2024. In the meeting of No Confidence
Motion that was took place on 09.03.2024, the proposed motion
of no confidence against the petitioner was passed and the
petitioner was removed as Upadhayaksh. Subsequently, the
CWJC No. 4364 of 2024 was allowed by this Hon’ble Court
vide order dated 25.09.2024 and the petitioner was restored as
Upadhayaksh.
4. Learned senior counsel appearing on behalf of the
petitioner submits that the order of this Hon’ble Court passed in
CWJC No. 4364 of 2024 has become final, as no LPA was
preferred against the said order. Thereafter, a fresh requisition
dated 26.05.2026 was made to the respondent Nos. 4 & 5
herein. That the respondent No. 5 on 03.06.2026 fixed the date
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of meeting on 13.06.2026 and the respondent No. 4 herein has
issued the notice dated 04.06.2026 intimating all the members
that the meeting will be held on 13.06.2026, aggrieved the
petitioner has preferred the present writ petition. This Court vide
interim order dated 11.06.2026 has stayed the meeting
scheduled to be held on 13.06.2026. Learned senior counsel
submits that the requisition of ‘No Confidence Motion’ for the
Upadhayaksh is dated 26.05.2026 and the consequential action
of the respondent No. 5 in fixing the meeting on 13.06.2026
vide letter dated 03.06.2026 is contrary to the provisions of the
Bihar Panchayat Raj Act, 2006 (herein after referred as the “Act,
2006”) more particularly Section 44(3)(ii) and Section 70(4)(v)
of the Act, 2006. Learned senior counsel for the petitioner
submits that as per the provisions of the Act, 2006, the
Chairperson has to fix the date of meeting within seven days
from the date of receiving the requisition notice. In this
particular case, Chairperson received the requisition notice on
26.05.2026 and the meeting date was fixed on 04.06.2026 i.e.,
beyond the period of seven days. Further, it is stated that the
requisition dated 05.02.2024 has not been taken up by the
respondents pursuant to the order of this Hon’ble Court passed
in CWJC No. 4364 of 2024 dated 25.09.2024 and as per the
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provisions of the Act, 2006, the second requisition dated
26.05.2026 is also not permissible and bad in law. Learned
senior counsel therefore, prays for allowing the CWJC and set
aside the notice dated 04.06.2026 fixing the date of meeting on
13.06.2026.
5. Per contra, the learned senior counsel Shri Y.V.
Giri appearing on behalf of the respondent No. 6, Mr. Bajrangi
Lal appearing on behalf of the respondent No. 4, Mr. Rajnikant
appearing on behalf of the respondent No. 5, Mr. Ravi Kumar
appearing on behalf of the respondent No. 2 and Mr. Gyan
Prakash Ojha counsel for the respondent-State have vehemently
opposed the very maintainability of the present writ petition.
Leaned counsels submit that there are several serious allegations
against the petitioner herein and therefore, a requisition has been
made by some of the members for passing of ‘No Confidence
Motion’ against the petitioner herein. That the requisition was
given to the Chairperson and a copy to the District Magistrate
on 26.05.2026. That 27.05.2026 and 28.05.2026 were both
holidays and as such the matter was placed before the
Chairperson on 29.05.2026 on which date notice was ordered
thereafter, the respondent No. 4 herein vide letter dated
04.06.2026 has intimated the date of meeting on 13.06.2026.
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Learned counsels submit that as 27.05.2026 & 28.05.2026 were
holidays, the respondent No. 4 has placed the file before the
Chairperson on 29.05.2026 (i.e., the next working day) and the
meeting was fixed on 13.06.2026 by the Chairperson vide letter
dated 04.06.2026. Learned counsels submit that seven days
period envisaged under Section 44(ii) has been met. It is further
submitted that once it is shown that due to the intervening
holidays, the matter was placed before the Chairperson
29.05.2026 and, therefore, the seven days period has been met
to be calculated from 19.05.2026 and not 26.05.2026 as
contended by the petitioner. Learned counsels have drawn the
attention of the Court to the inward registry of the Zila Parishad
to prove their contentions that the requisition was received by
the Chairperson only on 29.05.2026.
6. In order to resolve the issue involved in the
present writ petition, it is necessary to extract the relevant
section of the Act, 2006 more particularly, Section 44 & Section
70 which reads as under;
“44. Resignation and Removal of
Pramukh and Up- Pramukh-
(1) The Pramukh may resign his office by
writing under his hand and addressed to the
Subdivisional Magistrate and the Up-Pramukh may
resign his office by writing under his hand addressed to
the Pramukh and in the absence of Pramukh to the
Subdivisional Magistrate and the said office shall be
deemed to be vacant on the expiry of seven days from the
date of such resignation unless within the said period of
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under his hand addressed to the Subdivisional
Magistrate or the Pramukh, as the case may be.
(2) A Pramukh or Up- Pramukh shall vacate
office if he ceases to be a member of the Panchayat
Samiti.
(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.
(ii) No confidence motion shall not be
moved against the Pramukh or the Up-Pramukh within
the first two year period of their tenure.
(iii) If the motion of no confidence brought
against the Pramukh or the UpPramukh or both is once
rejected, no fresh motion of no confidence against the
Pramukh or the Up-pramukh or both, as the case may be,
shall be brought before the Panchayat Samiti within a
period of one year from the date of such rejection of the
motion.
(iv) No confidence motion against the
Pramukh or Up-Pramukh or both, as the case may be,
shall not be brought during the last six months of the
term of the Panchayat Samiti as mentioned in section 39
(1) of this Act.
(v) Such reasons/charges, on the basis of
which no confidence motion has to be moved against the
Pramukh or Up-Pramukh, shall be clearly mentioned in
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the notice of meeting called to consider the no
confidence motion.
(vi) As soon as the meeting called under this
section begins, the presiding member of this meeting
shall read out the motion on which the meeting has been
called to consider before the members present and
declare it open for discussion. Any discussion on the
motion shall not be adjourned.
(vii) During discussion, opportunity shall be
given to the Pramukh/Up-Pramukh against whom no
confidence motion has been moved for his defence before
the Panchayat Samiti. The motion shall be put to vote on
the same day after discussion and shall take place by
secret ballot in the prescribed manner.
(viii) In case of no confidence motion
against a Pramukh, the meeting shall be presided by the
Up-Pramukh; in case of motion against Up-Pramukh by
the Pramukh and in case of motion against both
Pramukh and Up-Pramukh, by any member elected from
among the members of the Panchayat Samiti present in
the meeting.
In case of the post of Up-Pramukh being
vacant or his absence from the meeting convened for
discussion on no confidence motion against the Pramukh
or the post of Pramukh being vacant or his absence from
the meeting convened for discussion on no confidence
motion against the UpPramukh, as the case may be, shall
be presided over by any member elected from amongst
the directly elected members from the territorial
constituency of the Panchayat Samiti present in the
meeting.
(4) Without prejudice to the provisions
under this Act, if in opinion of the Commissioner having
territorial jurisdiction over the Panchayat Samiti, a
Pramukh or an Up-Pramukh of Panchayat Samiti
absents himself without sufficient cause for more than
three consecutive meetings or sittings or willfully omits
or refuses to perform his duties and functions under this
Act, or abuses the power vested in him or is found to be
guilty of misconduct in the discharge of his duties or
becomes physically or mentally incapacitated for
performing his duties or is absconding being an accused
in a criminal case for more than six months, the
Commissioner may, after giving the Pramukh or Up-
Pramukh, as the case may be, a reasonable opportunity
for explanation, by order, remove such Pramukh or Up-
Pramukh, as the case may be, from office;
The Pramukh or Up-Pramukh so removed
shall not be eligible for reelection as Pramukh or Up-
Pramukh of Panchayat Samiti during the remaining term
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of office of such Panchayat Samiti;
Appeal shall lie before the Member, Board
of Revenue against the order of the Commissioner.
(5) A Pramukh or Up- Pramukh removed
from his office under subsection (4) may also be removed
by the Government from membership of the Panchayat
Samiti.
70. Resignations or Removal of Adhyaksha
and Up-adhyaksha
“(1) The Adhyaksha may resign his office by
ice by writing under his hand addressed to the District
Magistrate and the Up-adhyaksha may resign his office
by writing under his hand addressed to the Adhyaksha.
(2) Every resignation under subsection (1)
shall take effect on the expiry of seven days from the date
of such resignation, unless within the said period of
seven days he withdraws such resignation by writing
under his hand addressed to the District Magistrate or
the Adhyaksha, as the case may be.
(3) Adhyaksha or Up-adhyaksha shall
vacate the office if he ceases to be a member of the Zila
Parishad.
(4) (i) Adhayaksha and Up-Adhayaksha
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 directly elected
members from territorial constituencies of the
ZilaParishad at a meeting specially convened for the
purpose. The requisition for such a special meeting
shall be signed by not less than one fifth of the total
number of directly elected members of the Zila
Parishad and shall be delivered to the Adhyaksha with
a copy to the District Magistrate. The Adhyaksha shall
within seven days from the date of receipt of such
requisition convene a special meeting of the Zila
Parishad. The meeting shall be held on a day not later
than fifteen days from the date of issue of the notice of
the meeting. The meeting shall be presided over by the
Adhyaksha if the motion is against the Up-adhayaksha; if
it is against the Adhyaksha the Up- adhyaksha shall
preside over the meeting and if it is against Adhyaksha
and Upadhyaksha both then the District Magistrate shall
preside over the meeting. In case of the post of Up-
adhyaksha being vacant or his absence from the meeting
convened for discussion on no confidence motion against
the Adhyaksha or the post of Adhyaksha being vacant or
his absence from the meeting convened for discussion on
no confidence motion against the Up-adhyaksha, as the
case may be, the meeting shall be presided over by any
member elected from amongst the directly elected
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members from the territorial constituencies of the Zila
Parishad present in the meeting. In case of failure to
convene the meeting by the Adhyaksha, the District
Magistrate shall convene the meeting in the same
manner and the meeting shall be presided by him. 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.
(ii) …..”
7. A bare perusal of the Section 70(4)(i) reveals that
the requisition for special meeting has to be signed not by less
than one fifth of the total number of directly elected members of
the Zila Parishad and the said requisition has to be delivered to
the Adhyaksha with the copy to the District Magistrate.
Thereafter, Adhyaksha shall within a period of seven days from
the date of receipt of such requisition convey special meeting of
the Zila Parishad.
8. A copy of the official calendar of the State of
Bihar reveals that in the month of May, 2026 only 28 th May was
declared as holiday due to Eid al-Adha and both 26th May and
27th May were working days, therefore, the contention of the
respondents that 27th & 28th May, 2026 being holidays, the
matter could be placed before the Chairperson only on
29.05.2026 is without any basis.
9. Admittedly, in this case, the Chairperson has
taken a decision to hold the No Confidence meeting on
Patna High Court CWJC No.8468 of 2026(6) dt.16-07-2026
15/16
13.06.2026 only on 04.06.2026 (i.e., after lapse of nearly ten
days from the date of receipt of requisition). The provisions of
Section 70(4)(i) are quite clear that the decision taken by the
Chairperson has to be taken within a period of seven days from
the date of receipt of the requisition. However, in this case the
same was done after the period of seven days. The argument of
the respondent authority that the requisition was placed on
29.05.2026 as 27.05.2026 & 28.05.2026 were both holidays is
contrary to the official calendar of Bihar Government for the
year 2026. The official calendar which shows that only 28 th
May, 2026 was holiday and not 27th May.
10. In the I.A. No. 01 of 2026 filed by the respondent
Nos. 6, 16, 18, 19, 20 & 49 at Para No. 3, it is stated as under;
“That it is relevant to state here that 17
directly elected members of the Zila Parishad, Saran
Chapra made a requisition on 26/05/2026 before the
Adhyaksha (Chairperson) of the Zila Parishad with a
copy to the D.M, Saran, Chapra clearly mentioning
charges against Upadhyaksha of Zila Parishad Saran,
Chapra to convene a special meeting for consideration of
no confidence motion against the Vice Chairman of Zila
Parishad (writ petitioner). There are 47 directly elected
members of the Zila Parishad, Saran.”
11. The averments make it abundantly clear that the
requisition was served on the Adhyaksha on 26.05.2026 and not
on 29.05.2026 as contended by the official respondents and
respondent No. 5 in their respective counter-affidavits.
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16/16
12. This Court is not going into other aspects as to
whether the requisition dated 05.02.2024 is still valid or not.
13. Having regard to the above mentioned facts and
circumstances, the impugned requisition dated 26.05.2026 as
well as the letter dated 04.06.2026 fixing the date of meeting on
13.06.2026 are both set aside.
14. The present writ petition stands allowed to the
extent indicated.
15. All pending I.As., if any, are deemed to have
been disposed of.
(A. Abhishek Reddy, J)
Ayush/-
U
