BINAY KUMAR SHRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed on behalf of the petitioners for a writ of mandamus restraining the respondents from taking steps for holding any election for the office of the Chairman of the Motihari Municpality (hereinafter referred to as the said Municipality') in view of the fact that the petitioner No. 2, who had been duly elected as the Chairman of the said Municipality, is continuing as the Chairman.

(2.) It is the case of the petitioners that in the year 1986, election was held of the Ward Commissioners of the said Municipality in accordance with the provisions of the Bihar and Orissa Municipal Act, 1922 (hereinafter referred to as 'the Act') and the rules framed thereunder In the said election 20 persons were elected as Ward Commissioners. One Sri Nand Lal Ram and one Veena Rai were co-opted as Commissioners. The Member of the Bihar Legislative Assembly of the area, also became a Commissioner of the said Municipality. The whole number of the Commissioners of the Municipality is 23 as envisaged under Section 13 of the Act. In September 1988 petitioner No. 2 was elected as the Chairman of the Municipality by the Commissioners.

(3.) It is said that a meeting of the Commissioners was held on 18-7-1989 in which 15 Commissioners were present, out of which 14 supported the no confidence motion for removal of the Chairman (petitioner No. 2) and petitioner No. 1 opposed the same. On the basis of the resolution of no confidence motion having been supported by 14 Commissioners it was taken that the resolution of the removal of the Chairman has been passed. A notice was issued on 28-7-1989 by the Additional Collector, East Champaran-cum- Returning Officer calling a "meeting of the Commissioners on 4-8-1989 to elect a new Chairman. According to the petitioners, unless petitioner No. 2, who with the duly elected Chairman, has been removed in accordance with Section 34 of the Act he is continuing as the Chairman of the Municipality and there was no occasion on the part of the Returning Officer to issue a notice calling upon the Commissioners to elect a new Chairman.