GULSHAN AFROZ Vs. STATE OF BIHAR

JUDGEMENT

(1.) By the present writ application, the petitioners had challenged the meeting, as called for by notice dated 6.2.2010 (Annexure-10), fixing 16.2.2010 for consideration of no confidence motion against petitioner nos. 1 & 2. During pendency of the writ application, the meeting was convened on 16.2.2010, and by over 2/3rd of total elected Councillors of the Sasaram Municipal Corporation vote of no confidence was passed against petitioner nos. 1 & 2, which has been challenged by the interlocutory application, and as a consequence of vacancy being created subsequent elections were called for, which was again challenged and by interim order of this Court stayed the elections.

(2.) As the main contending respondents have appeared and filed counter affidavit, the pleadings being complete, with consent of parties, the writ application has been heard for final disposal at this stage itself.

(3.) The main point for consideration is, whether the meeting for consideration of no confidence motion was validly called for, and the no confidence motion validly carried through where voting was done by show of hands and not by secret ballots.