Hc Nixes Kaimur Dm’s Order, Upholds Removal Of Pramukh | Patna News – Times of India
Patna: Patna high court while granting relief to 11 members of a panchayat committee expressed surprise on the manner in which a district magistrate (DM), while deciding the removal of a pramukh, passed orders contradictory to the verdicts of high courts and Supreme Court. The HC upheld the removal of the pramukh.
A single bench of Justice Rajiv Roy, while allowing the plea of one Rinku Devi and ten other writ petitioners, annulled the order of Kaimur DM.The DM, in the capacity of district electoral officer, had held a no confidence motion against a block pramukh as illegal by relying on a reason which was already discarded by the court’s verdict three years ago. The judgement was delivered and uploaded on HC website on Wednesday.
According to the case, Madhubala Devi was removed as pramukh of Chainpur block panchayat committee on January 15 through a no confidence motion, passed by a majority vote of 11 out of 15 voters, who were present on the day of voting.
The pramukh later submitted a plea to the DM.
The DM, while allowing the appeal of Madhubala, held that the no confidence motion was illegal, as the total votes were 21. Her removal was set aside.
Aggrieved by the order of the DM, the 11 members of the block committee had filed a writ petition.
Petitioner’s senior counsel Amit Shrivastava submitted that the DM passed the order, contrary to the law settled by previous orders of the high court. Three years ago, a division bench of Patna high court had ruled that for determining majority in a no confidence motion, as envisaged in panchayati raj laws of Bihar, the number of members present during the voting shall be counted, not the total strength.
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