SABILA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) The order date 1st Dec., 2016 passed by learned Single Bench in C.W.J.C. No. 18258 of 2016 is subject matter of challenge in the present Letters Patent Appeal whereby the writ application filed by respondent no.12 was allowed and No Confidence Motion passed against her in the meeting held on 15.10.2016 was set aside.

(2.) The writ applicant was elected as Chief Councillor, Nagar Panchayat, Dhaka, in the month of May, 2012. On 19th Sept., 2016, 13 ward councillors, made a written requisition for convening extra-ordinary meeting of councillors to consider the requisition of No Confidence against the writ applicant. Such requisition has been appended by the writ applicant as Annexure-3, which was delivered to one Bajrangi Kumar on 19th of Sept., 2016 at 10.01 AM. The writ applicant has attached the subsequent communication dated 19th of Sept., 2016 by her addressed to the Executive Officer, Nagar Panchayat, Dhaka, received by the same Bajrangi Kumar at 10.03 AM. The writ applicant has conveyed that she has suddenly fallen ill last night and that since she is undergoing treatment at Ganga Ram Hospital, New Delhi, therefore, she is leaving headquarter on 19th of Sept., 2016.

(3.) Thereafter, since the Chief Councillor failed to call meeting, the requisitionists fixed meeting for 15th Oct. 2016, which date of meeting was communicated by the Executive Officer, Nagar Panchayat, Dhaka, vide communication dated 05.10.2016, Annexure-5 to all the councillors. The meeting was held on 15.10.2016 and No Confidence Motion was carried out against the writ applicant. It is therefore, fresh election was held on 11.11.2016 for the post of Chief Councillor in which the writ applicant has participated. The result of such election has not been declared in view of the order passed on 10.11.2016 in the writ application permitting the election to be held but it was ordered that the result shall not be declared.