SANJAY KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sub-sec. (4) of Sec. 25 of the Bihar Municipal Act, 2007 ('Municipal Act' for short) postulates the removal of a Chief Councillor/Deputy Chief Councillor of a Municipality within the meaning of Sec. 12 of the Municipal Act read with Article 243 Q of the Constitution of India, from office by a resolution carried by a majority of a whole number of the Councillors holding office for the time being in force at a special meeting to be called for this purpose in the manner prescribed, once a requisition is made in this regard, in writing by not less than one-third of the total number of Councillors, in accordance with the procedure of conduct of business, in a special meeting as may be prescribed.

(2.) There are three provisos to sub-sec. (4) of Sec. 25, which prohibit bringing the No-Confidence Motion in three different circumstances. The third proviso states that No Confidence Motion shall not be brought within the Municipality's residual period of six months.

(3.) The Bihar Municipal No Confidence Motion Process Rules, 2010 ('the Rules' for short) have been framed in exercise of powers conferred by the aforesaid sub-sec. (4) of Sec. 25 and 419 of the Municipal Act for deciding the process and conduct of No Confidence Motion to be brought against Chief Councillor/Deputy Chief Councillor of urban local bodies. Sub Rule (i) of Rule 2 of the Rules requires that a special meeting of the elected Councillor shall be called for removal of the Chief Councillor/Deputy Chief Councillor under sub-sec. (4) of Sec. 25 of the Act. Such special meeting shall be requisitioned and signed by not less than one-third of the total number of elected Councillors which shall be given to the Chief Councillor. It further requires issuance of a notice by the Chief Councillor for convening the special meeting of the urban local body within 7 days from the receipt of requisition and further, the meeting shall be convened within 15 days from the date of issuance of notice.