LAWS(CAL)-2006-3-24

NIHAR RANJAN GHOSH Vs. STATE OF WEST BENGAL

Decided On March 10, 2006
NIHAR RANJAN GHOSH Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The validity and/or legality of the notice dated 16th January, 2006 issued by ten requistionists. for holding a special meeting, on requisition, for adoption of a resolution of no-confide"nce and/or for removal of the Chairman under section 18(3) of the West Bengal Municipal Act, 1993, is under challenge in this writ petition.

(2.) Sub-section (3) of section 18 of the West Bengal Municipal Act, 1993 deals with removal of the Chairman from the Municipality. Section 18(3) provides that a Chairman may be removed from office by resolution carried on by a majority of the total number of elected members of the Board of Councillors holding office for the time being at a special meeting to be called for this purpose in the manner prescribed, upon a resolution made in writing by not less than I/3rd of the total number of elected members of the Board of Councillors. Rule 6(3) of the West Bengal Municipalities (Procedure and Conduct of Business) Rules, 1995 provides that if there is a requisition for removal of a Cnairman Under sub-section (3) of section 18, a special meeting for considering the resolution for removal of the Chairman shall be held in a manner as laid down in the said rules.

(3.) Rule 9(3) of the said rules deals with the procedure for convening this special meeting. The procedure for convening the special meeting is as follows: