(1.) Petitioners, in the present case, have moved this court for issuance of a writ in the nature of certiorari to quash and cancel the requisition dated 12.06.2019 addressed to the petitioner no. 1 for convening special meeting of No Confidence against the petitioners who are the Chief Councillor and Deputy Chief Councillor of Nagar Panchayat, Bairgania, Sitamarhi. Requisitions have been brought by 11 elected Councillors of the Nagar Panchayat, Bairgania, Sitamarhi vide Annexure '1' to the writ application.
(2.) The petitioners have also prayed for quashing of letter no. 981 dated 18.06.2019 issued under the signature of the Executive Officer, Nagar Panchayat, Bairgania by which the petitioner no. 1 has been directed to convene a special meeting on the basis of the requisition dated 12.06.2019 written to the Executive Officer by those elected Councillors of the Nagar Panchayat.
(3.) Mr. Y.V. Giri, learned senior counsel representing the petitioners submits that in the present case the requisition as contained in Annexure '1' to the writ application is fit to be quashed at least on two grounds, firstly that the requisition, in the present case, has been routed through the Chief Executive Officer which is not in accordance with the provisions of the Rule 2 and the sub- rules thereunder as provided in the Bihar Municipal No Confidence Process Rules, 2010 (hereinafter referred to as the "No Confidence Rules"). It is his submission that the Chief Executive Officer has vide his letter no. 981 dated 18.06.2019 directed the Chief Councillor (petitioner no. 1) to fix a date convening special meeting of the No Confidence Motion, therefore, the procedure adopted in bringing the No Confidence Motion against the petitioners is not in accordance with law. The second ground taken by Mr. Giri, learned senior counsel is that the requisition does not contain the specific charges against the petitioners and the allegations made in the requisition are only vague from which no discussions can take place. He has relied upon the judgment of the learned coordinate Bench of this court in CWJC No. 519/2019 and in the case of Arti Kumari vs. State of Bihar reported in 2015(3) PLJR 276 (paragraph '8') to submit that the requisition is fit to be quashed on the ground of it's vagueness. Learned senior counsel has relied upon the judgments of this court in the case of Uday Shankar Singh Vs. State of Bihar reported in 2003 (2) PLJR 123 and in the case of Meena Yadav Vs. State of Bihar reported in 2010 (2) PLJR 389. Learned senior counsel has also relied on the judgments in the case of Amit Kumar Vs. State of Bihar reported in 2015(1) PLJR 830 and in the case of Sheikh Hassmuddin vs. State of Bihar reported in 2015(3) PLJR 203.