KAUSHAL KAUSHIK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri S. B. K. Manglam, learned counsel for the appellant, Shri P. K. Shahi, learned Senior Counsel for the respondent nos. 6 to 15, Shri Yogendra Prasad Sinha, learned counsel for the State and Shri Madanjeet Kumar, learned counsel for the Nagar Panchayat, Naubatpur, District-Patna.

(2.) This appeal questions the correctness of the impugned order of the learned Single Judge dated 29th August, 2019 whereby a challenge raised to the convening of a special meeting for consideration of a No Confidence Motion against the appellant was turned down with a further direction to convene the meeting as directed under the impugned judgement. The appellant admittedly is in judicial custody and is lodged in Beur Jail.

(3.) Shri Manglam has advanced his submissions contending that an order dated 11th of July, 2019 was passed removing him when the appellant was still in custody in terms of - 25(5) of the Bihar Municipal Act, 2007. The same came to be challenged by the petitioner in CWJC No.15396 of 2019 and the following interim order has been passed therein on 31.07.2019:-