USHA DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Have heard learned counsel for the petitioner, the State and the private respondents. The notice dated 18.07.2016 issued by the Executive Officer, Nagar Parishad, Raxaul, as contained in Annexure 8, communicating that a special meeting has been convened under the Chairmanship of the Deputy Chief Councillor on 22.07.2016 to consider the "No Confidence Motion" brought against the petitioner, who happens to be the Chief Councillor of the aforesaid Nagar Parishad, is under challenge. Initially, the writ petition was filed for a direction to the Executive Officer, Nagar Parishad, Raxaul not to issue any notice for convening special meeting for the purpose of consideration of "No Confidence Motion" against the petitioner pursuant to the third requisition dated 04.07.2016, as contained in Annexure 7.

(2.) Factual matrix of this case which would be necessary for proper consider of the lis, and which emanates from the writ petition, stands narrated as under:

(3.) For better appreciation of the matter, the relevant provision contained in Section 25(4) of the Act is being extracted as under: