Up-Pramukh cannot fix a no-confidence motion date before the Pramukh's statutory fifteen-day period expires.

The petitioner, serving as the Pramukh of Panchayat Samiti, Ghoswari, was served with a requisition for a no-confidence motion by members of the Samiti on 27.02.2026

The Executive Officer forwarded this requisition to the petitioner on 28.02.2026

However, before the statutory 15-day period for the Pramukh to call a meeting had lapsed, the Up-Pramukh issued a letter on 06.03.2026 (Letter No. 65) unilaterally fixing 16.03.2026 as the date for the special meeting

1. Whether the Up-Pramukh has the jurisdiction to fix the date of a no-confidence motion meeting before the expiry of the 15-day period allotted to the Pramukh under the Act

Section 44(3) of the Bihar Panchayat Raj Act, 2006, which mandates that once a requisition is presented by one-third of the elected members, the Pramukh must convene a special meeting within 15 days

the legal principle established in Munni Khatun vs. State of Bihar & Ors. (2024 (4) BLJ 820 (DB)), which clarifies that the Up-Pramukh or members can only exercise the power to fix a meeting date if the Pramukh fails to do so within the prescribed statutory timeframe

The Court reasoned that under Section 44(3), the primary right and duty to schedule the special meeting rests with the Pramukh for a duration of 15 days following the requisition

In this case, since the petitioner received the notice on 28.02.2026, the legal window to fix the meeting extended until 15.03.2026

By issuing a notice on 06.03.2026, the Up-Pramukh "usurped" the petitioner's authority and acted in technical violation of the statutory hierarchy of power

The Court found that the Up-Pramukh’s action was premature and "in the teeth of the provisions" of the Act, rendering the meeting notice legally unsustainable

The Court held that the fixing of the meeting by the Up-Pramukh was without jurisdiction as the petitioner's statutory time limit had not expired. Consequently, the Court directed the Pramukh (petitioner) to fix a fresh date for the no-confidence motion meeting within 15 days from the date of the judgment, as contemplated under Section 44(3) of the Bihar Panchayat Raj Act, 2006