PAWAN KUMAR PURVEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) THESE three writ petitions have been taken up and heard at length for its final disposal at this stage itself, as they raise a common issue. It relates to Madhubani Nagar Parishad constituted under the provisions of the Bihar Municipal Act, 2007.

(3.) MADHUBANI Nagar Parishad has an elected Chief Councillor and Deputy Chief Councillor and consists of 30 elected members. On two years expiring 18 members filed a requisition for convening a special meeting of the Nagar Parishad for considering vote of no confidence as against the Chief Councillor and the Deputy Chief Councillor. Upon notice being given, the Chief Councillor fixed 16.07.2009 as the date for convening the special meeting and noticed the Counselors. On 09th of July, 2009 the in -charge Additional Collector by his memo No. 944 of the said date informed the Chief Executive Officer of the Nagar Parishad that in view of the order dated 08.07.2009 of the District Magistrate -cum -Collector, Madhubani, the meeting in respect of no confidence against Chief Councillor and Deputy Chief Councillor would now be held at 10:30 AM on 17.07.2009 at the Vikash Bhawan. In the said communication it is admitted that the Collector -cum -District Magistrate have received the earlier communication from the Nagar Parishad in which meeting was fixed for 16.07.2009. It is contained in Annexure -1 to the first writ petition. It is the validity of such a direction that is under challenge.