KAUSHAL KAUSHIK Vs. STATE OF BIHAR

JUDGEMENT

(1.) In view of the directions required to be issued in this case learned counsel for the petitioner is directed to make Senior Superintendent of Police, Patna and the Jail Superintendent, Model Central Jail Beur, Patna as party respondent no. 18 and 19 respectively in course of the day. Learned counsel for the State takes notice on their behalf and shall inform them immediately.

(2.) Heard Mr. S.B.K. Mangalam, learned counsel representing the petitioner, Mr. P.K. Shahi, learned Senior Counsel representing the respondent nos. 6 to 19, as also learned counsel for the State and learned counsel for the State Election Commission.

(3.) Petitioner in the present case is seeking quashing of the requisition dated 02.08.2019 addressed to the petitioner but said to have been filed in the office of respondent no. 4 on 05.08.2019 by which the requisitionists have made a request from the petitioner to convene a special meeting of Naubatpur Nagar Panchayat for consideration of No Confidence Motion against the petitioner and the Deputy Chief Councilor. The requisition has been assailed on the grounds inter-alia that because the petitioner is presently detained in custody in connection with Naubatpur P.S. Case No. 46 of 2018, he would not be authorised under the law to deal with the official records in the capacity of Chief Councilor of the Municipality and hence he could not have fixed any date of the special meeting.