MOHAN PRASAD RASTOGI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Whether sub-rule (iii) of Rule 2 of the Bihar Municipal No-Confidence Motion Process Rules, 2010 (hereinafter referred to as the No-Confidence Motion Rules, 2010) vests power in the Chief Municipal Officer or the Ward Councillors to fix the date of special meeting for tabling of no-confidence motion against the Chief Councillor or the Deputy Chief Councillor is the core issue in this case.

(2.) The petitioner prays for quashing the proceedings of the special meeting of Birpur Nagar Panchayat dated 28.7.2011 as well as passing of No-confidence removing him from the post of Chief Councillor of Nagar Panchayat, Birpur.

(3.) The prayer of the petitioner is founded on the ground that an Executive Officer does not have power to fix the date of special meeting for tabling of No-confidence motion in view of sub-rule (iii) of Rule 2 of No-Confidence Motion Rules, 2010, and as such the entire proceeding including his removal is bad in law.