BIJAY KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Since these two writ petitions arise out of the same motion of no confidence passed against the respective petitioners hence they have been heard analogous with a view to its final disposal. While Mr. Y.V. Giri, learned senior counsel has appeared on behalf of the petitioner in CWJC No. 12068 of 2014, the petitioner in the second writ petition bearing CWJC No. 12190 of 2014 is represented by Mr. Chitranjan Sinha, learned senior counsel. The State is represented by the respective State Counsel. The Executive Officer of the Nagar Parishad is represented by Ms. Arpana Bharti and the private respondents by Mr. Surendra Kishore Thakur. Mr. Amit Shrivastava appears for the Election Commission.

(2.) I shall be referring to the pleadings and the Annexures with reference to CWJC No. 12190 of 2014 unless clarified by specific reference to the other writ petition.

(3.) Facts of the case briefly stated is that a requisition under Section 25(4) of the Bihar Municipal Act, 2007 (hereinafter referred to as the 'Act')' read with Rule 2(i) of the Bihar Municipal No Confidence Motion Process Rules, 2010 (hereinafter referred to as the 'Rules' was moved against the petitioners in the two writ petitions on 9.6.2014 which was questioned by the two petitioners in CWJC No. 10391 of 2014. While the said writ petition was pending consideration, a notice was issued by the Executive Officer of the Nagar Parishad fixing date of special meeting on 27.6.2014 by the Ward Councillors on the failure of the Chief Councillor to fix the date of special meeting and which was questioned by filing I.A. No. 4445 of 2014. When the said writ petition came up for consideration the counsel appearing for the respective parties gave consensus to its disposal subject to the Chief Councillor fixing the date of special meeting latest by 30.6.2014 and in view of the consensus reached by the parties the writ petition and the interlocutory application were disposed of on 27.6.2014. The records of the present proceedings manifest that no steps were taken by the Chief Councillor in the light of the concession given before this Court in the earlier round of proceedings rather the documents on record reflects an evasive attitude of the Chief Councillor. Although the Chief Councillor was well aware of the directions of this Court passed on 27.6.2014 no steps were taken by her and on 30.6.2014 she wrote a letter to the Executive Officer charging him for not placing the relevant file. Annexure-4 is a letter dated 30.6.2014 of the Executive Officer requesting the Chief Councillor for appropriate orders in the light of the order passed in CWJC No. 10391 of 2014 but the noting of the service peon shows that he could not meet her. On the following day i.e. 1.7.2014 again the Executive Officer invited the attention of the Chief Councillor to her obligation and she responded to by saying that since the last date granted by the High Court was 30.6.2014 and which date has passed off, she would seek legal opinion thereon. Clearly the action of the Chief Councillor was not in tune with her admission before this Court rather was an abdication of her responsibility. Obviously on the failure of the Chief Councillor to fix the date of special meeting the requisitionists on their part and by virtue of power vested in them under Rule 2(iii) of the Rules took decision on 1.7.2014 to hold the special meeting on 7.7.2014.. The decision of the requisitionists was communicated by the Executive Officer to the Chief Councillor who gave her approval on the same date i.e. 2.7.2014 placed at Annexure-6. Following the direction of the Chief Councillor a notice was issued by the Executive Officer on 4.7.2014 intimating the Chief Councillor, the Deputy Chief Councillor and other Councillors about the meeting to be held on 7.7.2014 and the motion was passed following which the Chief Councillor and the Deputy Chief Councillor were removed from their respective posts. Following the passing of the no confidence motion, the Secretary, State Election Commission has issued a letter on 14.7.2014 requesting the District Magistrate-cum-the District Election Officer, Vaishali to hold election on 28.7.2014 for filling up the post of Chief Councillor and Deputy Chief Councillor. The letter of the State Election Commission has been placed at Annexure-11 to the Interlocutory Application filed in CWJC No. 12190 of 2014 and Annexure-10 to the other writ petition and has been questioned alongwith.