MALTI GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application was initially filed for quashing the notice dated 20.11.2002 (Annexure -11) issued by the Deputy Development Commissioner cum -Chief Executive Officer of the Zila Parishad Kaimur convening the meeting of the Zila Parishad on 30.11.2002 to consider the no confidence motion passed against the petitioner. After filing of the writ application, in the meeting convened on 30.11.2002, no confidence motion has been passed against the petitioner and by way of amendment, the prayer of the petitioner is to quash the resolution of the Zila Parishad whereby the no confidence motion has been passed against the petitioner.

(2.) SHORN of unnecessary details facts giving rise to the present application are that the petitioner was elected as the Member of Zila Parishad, Kaimur and thereafter in the first meeting of the Zila Parishao held on 10.6.2001, she was elected as its Chairperson. By communication dated 26.7.2001 addressed to the Chairperson of the Zila Parishad, with a copy to the District Magistrate some members of the Zila Parishad brought the motion of no confidence against the Chairperson and ViceChairman of the Zila Parishad. The Deputy Development Commissioner -curn -Chief Executive Officer of the Zila Parishad, hereinafter referred to as the Chief Executive Officer, issued notice conveying to the members that the Chairperson had fixed the date for holding the special meeting on 28.8.2001 to consider the no confidence motion brought against her and the ViceChairman. In the meeting so held the motion of no confidence was defeated against the Chairperson but passed by required majority against the Vice -Chairman.

(3.) MR . Vinod Kumar Kanth, Senior Advocate appears on behalf of the petitoner. State is represented by Mr. Rajeshwar Prasad, Standing Counsel No. VI. Although in the writ application several points have been urged but when the matter is taken up Mr. Kanth confines his submission on the following points only.