MANIK LAL PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner claims to be 'Chief Councillor' of the Khusrupur Nagar Panchayat. He is aggrieved by the efforts of Respondent No.6, the 'Deputy Chief Councillor', to bring about a 'No Confidence Motion' for removal of the petitioner from the post of 'Chief Councillor' He has sought quashing of two requisitions made for convening the special meeting of the Nagar Panchayat for considering the 'No Confidence Motion' for his removal from the office of the 'Chief Councillor'

(2.) For appreciating the submission of Mr. Ravi Ranjan, learned counsel for the petitioner, this Court considers it useful to take note of the unamended provisions contained in Bihar Municipal Act, 2007 ('Act of 2007' for brevity) for removal of a 'Chief Councillor', as contained in Sec. 25(4) of the Act of 2007, which reads as follows:-

(3.) In terms of sub-sec. (4) of Sec. 25, the State Government prescribed the process for conduct of the 'No Confidence Motion' to be brought against the 'Chief Councillor'/ 'Deputy Chief Councillor' of an Urban local self body by framing the Bihar Municipal No-Confidence Motion Process Rules, 2010, ('Rules of 2010' for short) published in the Bihar Gazette Extraordinary No. 359, dtd. 10/6/2010. The same specifies the process for bringing about a 'No Confidence Motion' with respect to manner in which the notice is to be served, meeting is to be convened, and quorum etc.