JITENDRA KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners who are Councillors of the Gaya Municipal Corporation (hereinafter referred to as the Corporation) has filed the present writ application in the nature of P.I.L for quashing the order dated 20.12.2004 contained in letter No. 4205 of the said date issued by the Ministry of Urban Development, Bihar, Patna directing to reinstate Asha Devi as a Mayor of the Corporation, who according to the petitioner, was removed by resolution dated 29.11.2004 in pursuance of no confidence motion brought and passed by 33 Ward Councillors present out of 40 ward Councillors of the Corporation. A copy of the said order has been annexed as Annexure -6 to the writ application. The said order has been passed by the Department on the ground that under the provisions of Patna Municipal Corporation Act, 1951 (hereinafter referred to as the Act), there is no provision to bring no confidence motion against a Mayor.

(2.) THE factual foundations culminating into the present dispute are as follows.

(3.) THE Election Commission, Bihar, issued a notification dated 8.8.2002 reserving the post of Mayor of the Corporation for the Scheduled Caste Women Councillors. The Chief Executive Officer of the Corporation fixed 7.9.2002 for election of the Mayor and Deputy Mayor and accordingly a meeting was hefd on the said date. There were only two ladies candidates as stated above. Asha Devi, intervenor, respondent No. 8 and Lacho Devi. Asha Devi raised a claim that Lacho Devi was not a Scheduled caste and the matter was sub judice as a result of which Asha Devi remained as only woman scheduled caste candidate and accordingly on 7.9.2002, she was elected as a Mayor of the Corporation and petitioner No. 1 Jitendra Kumar Yadav was elected as Deputy Mayor of the Corporation. The Mayor started functioning in arbitrary manner and committed many misdeeds, misconduct and assaulted the Chief Executive Officer for which a case was registered against her. Her behaviour was so arrogant that the Chief Executive Officer was transferred one after another and no one was allowed to work peacefully. The Ward Councillors having noticed the. inaction, incompetency, misbehavior with the employees and deficiencies in her performance, 30 Councillors filed a requisition for no confidence motion against the Mayor Asha Devi, respondent no. 8 under section 20 of the Act on 16.11.2004, which has been annexed as Annexure -2 to the writ application. The said requisition was sent to respondent No. 8 Asha Devi, Mayor but she did not call the special meeting and thereafter requisition was sent to the Deputy Mayor by the Chief Executive officer of the Corporation and on 25.11.2004, the Deputy Mayor called a special meeting on the basis of the said requisition and fixed 29.11.2004 at 11.30 A.M. for discussion and accordingly, notice was issued to all the Councillors for the special meeting, vide annexure -3 to the writ application.