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Parvati Devi vs The State of Jharkhand & Ors

Jharkhand High Court · Decided on 11 January 2018 · Citation: (2018) 01 JH CK 0014

HON’BLE JUDGES
Rajesh Shankar
CASE NUMBER
7223 of 2017

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Judgment

13 paragraphs · 220 words
1.

The present writ petition has been filed for quashing the letter no. 55/Nirva. dated 08.12.2017 (Annexure1 to the writ petition) issued by the

respondent no. 3 ? the SubDivisional Officer, Bundu, Ranchi fixing the date as 18.12.2017 for discussion and voting on proposal of ""no confidence

motion"" introduced against the Pramukh of Tamar Block (the petitioner herein) being without jurisdiction and violative of Rule3( VIII) of the

Jharkhand Panchayat (Gram Panchayat ke Mukhiya evam upMukhiya/ Panchayat Samiti ke Pramukh evam upPramukh/ Zila Parishad ke

Adhyaksh evam Upadhyaksh) ke Viruddh Avishwas Prastav Sanchalan Prakriya Niyamavali, 2011"".

2.

In course of argument, the learned counsel for the petitioner fairly submits that the meeting convened by the respondent no. 3 vide letter no.

55/Nirva. dated 08.12.2017 was already held on 18.12.2017 and a ""no confidence motion"" has been passed against the petitioner.

3.

The learned JC to SCII submits that in view of the aforesaid circumstance, the adjudication of the writ petition would merely be academic in

nature.

4.

Considering the fact that ""no confidence motion"" against the petitioner has already been passed in the meeting convened on 18.12.2017, no

effective order can be passed in this regard.

5.

The writ petition is accordingly disposed of. However,the petitioner is at liberty to take appropriate recourse as provided under law, if so

advised.