SAIMULAN KHATOON, WIFE OF MD. KHABIR, RESIDENT OF DHAKA CHAINPUR, PO+PS DHAKA, DISTRICT Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT OF BIHAR, PATNA

JUDGEMENT

(1.) Heard Mr. P.K. Shahi, learned senior counsel assisted by Mr. Vikash Kumar, learned counsel for the petitioner, Mr. Kumar Alok learned counsel for the State and Mr. Amit Shrivastava learned counsel for the State Election Commission, Mr. Raju Giri, learned counsel as well as Mr. Zaki Haider, learned counsel for the private respondents.

(2.) The challenge in the present writ application is to the notice dated 29.10.2016 issued by the Sub Divisional Officer, Shikrahana-cum-Returning Officer, communicating the date of election for the post of Chief Councillor, Nagar Panchayat, Dhaka fixed for 11.11.2016 at 11:00 A.M. Further prayer is to quash the proceeding of the special meeting of the Nagar Panchayat, Dhaka dated 15.10.2016, by which the No Confidence Motion against the petitioner, who was the then Chief Councillor, had been carried out.

(3.) The petitioner was the Chief Councillor of Nagar Panchayat, Dhaka under Sub Division Shikrahana in the District of East Champaran. On 19.09.2016, 13 Councillors, out of 20, filed a requisition before the Chief Councillor for holding a special meeting to consider the No Confidence Motion against the petitioner. The same not having been acted upon, on 05.10.2016, the requisitionists fixed the date for holding special meeting on 15.10.2016 and communicated it to the Executive Officer of the Nagar Panchayat, Dhaka for sending notice for holding such a meeting. Pursuant to the meeting held on 15.10.2016, the motion against her was carried out, which is under challenge in the present writ application. Thereafter, a meeting was fixed for 11.11.2016 at 11:00 A.M. for election of Chief Councillor and notice to this effect was issued on 29.10.2016 by the Sub Divisional Officer, Shikrahana cum Returning Officer, which is also under challenge in the present writ application.