RAJESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) I.A. No. 4546 of 2011 has been filed by petitioner no. 4, Ram Dish Thakur, praying therein for deleting his name from the array of petitioners. In view of reasons stated in I.A. application, but without prejudice to any of the parties. I direct the deletion of his name as a petitioner in this case. I.A. No. 4546 of 2011 is thus disposed of.

(2.) I.A. No. 4527 of 2011 has been filed on behalf of Upendra Choudhary, Ward Commissioner from Ward No. 12 of Nabihagar Nagar Panchayat for being added as respondent. The prayer is allowed. The office would add Upendra Choudhary as respondent no. 9 to this writ application.

(3.) All the seven petitioners (now excluding petitioner no. 4), who are Ward Councillors of Nabinagar Nagar Panchayat, pray for quashing the order contained in Memo No. 3308 dated 13.6.2011 (Annexure-7), issued under the signature of Deputy Secretary-cum-Director, Urban Development and Housing Department, Government of Bihar, Patna, whereby the resolution of No Confidence Motion passed on 28.4.2011 in the meeting of Ward Councillors of Nabinagar Nagar Panchayat against private respondent no. 8 has been annulled/quashed and it was declared that the post of Chief Councillor of Nabinagar Nagar Panchayat is not vacant. The petitioners also pray for a declaration that the resolution passed on 28.4.2011 is legal and valid and the post of Chief Councillor of Nabinagar Nagar Panchayat has fallen vacant.