SUNITA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two writ petitions have been heard together and are being disposed of by this common order as both of them arise out of different stages of the same proceeding of no -confidence -motion against the petitioner Sunita Devi, who was the Chairperson of Munger Nagar Parishad (hereinafter referred to as 'Parishad ' for the sake of brevity). CWJC No. 3958 of 2006 has been filed by the said Sunita Devi (i) for quashing notice dated 16.3.2006 issued under the signatures of six Ward Commissioners (respondents no. 6 -11) fixing 27.3.2006 as the date of special meeting of the Parishad for deciding the noconfidence -motion against the petitioner and also (ii) for restraining the respondents from holding any special meeting for no -confidence -motion against the petitioner in the light of Letter no. 128/sa dated 13.3.2006 issued by the Parishad under the signature of its Executive Officer and also in the light of resolution dated 30.7.2005 of the Parishad. On the other hand CWJC No. 5199 of 2006 was filed by the said Sunita Devi alongwith five other Ward Commissioners of the Parishad (i) for quashing the decision and proceeding of the Special meeting of the Parishad dated 27.3.2006 removing the said Sunita Devi from the office of Chairperson of the Parishad and also (ii) for quashing Letter no. 780 -C dated 15.4.2006 issued by the Sub -Divisional Officer Munger for election of new Chairperson of the Parishad on 17.4.2006. However, no fresh election was held either on that date or even subsequently as this court passed its order dated 23.6.2006 in CWJC No. 5199 of 2006 in that regard.

(2.) ADMITTED facts of these two cases are that in the election of Ward Commissioner from Ward No. 3 at Laldarwaza under Munger Municipality held in the year 2002, petitioner Sunita Devi was elected as Ward Commissioner and after declaration of the results of elections of all the thirty five wards under the said Municipality, Nagar Parishad Board of Munger was constituted on 15.6.2002 consisting total number of thirty five Ward Commissioners, who elected the petitioner as Chairperson of the said Parishad on the same date and since then petitioner was continuing on that post. About three years thereafter fifteen members (Ward Commissioners) of the Parishad gave application before the District Magistrate, Munger on 11.5.2005 to call a special meeting of the Parishad for removal of the petitioner from the post of Chairperson of the Parishad under the provision of Sec.34 of the Bihar and Orissa Municipal Act, 1922 (hereinafter referred to as the 'Act' for the sake of brevity), a copy of which was also given to the Sub -Divisional Officer, Munger -cum -Executive Officer of the Parishad at whose instance the petitioner as the Chairperson of the Parishad fixed 21.5.2005 as the date for convening the said special meeting, notices of which were sent to all the members of the Parishad, whereafter on 20.5.2005 eleven out of the abovementioned fifteen requisitionists gave an application to the Executive Officer of the Parishad for withdrawal of the said noconfidence -motion, and accordingly the special meeting was not held. Thereafter in the general monthly meeting of the Parishad on 30.7.2005 a proposal of one of the members of Parishad was considered as Proposal No. 19 alongwith other proposals and a decision was taken unanimously on that proposal by the members that no further proposal of no -confidence -motion against the Chairperson, namely the petitioner Sunita Devi, will be brought till one year, as the previous no -confidence -motion fixed for 21.5.2005 had failed.

(3.) FURTHERMORE , it is admitted by the parties that as per the said requisition dated 16.3.2006, the special meeting of the Parishad was convened on 27.3.2006 which was attended by 23 Ward Commissioners, who passed the said resolution of no -confidence -motion against the Chairperson (Sunita Devi) and removed her from that post whereafter the Executive Officer of the Parishad - cum -Sub -Divisional Officer, Munger issued letter dated 15.4.2006 to all the members for election of new Chairperson on 17.4.2006 as per the directions of the District Magistrate, Munger. However, meeting for election of new Chairperson could not be held on 17.4.2006 due to the absence of the Returning Officer. In the meantime, against the aforementioned decision of the Parishad and the letter of the Executive Officer, the said Sunita Devi (Chairperson) alongwith five other Ward Commissioners filed CWJC No. 5199 of 2006 in which interim orders had been passed on 23.6.2006 and 7.7.2006 noting the undertaking of the learned counsel for the State that no fresh election shall be held for the post in question till the writ petition is disposed of.