LAWS(PAT)-2019-8-45

MANIK LAL PRASAD Vs. STATE OF BIHAR

Decided On August 16, 2019
Manik Lal Prasad Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard Shri P. K. Shahi, learned Senior Counsel for the appellant and Shri S. B. K. Manglam, learned counsel for the respondent no.6 as well as Shri Yogendra Prasad Sinha, learned Additional Advocate General-7 for the respondent Nos. 1 to 4 and Shri Alok Ranjan, learned counsel for the respondent no.5.

(2.) The appeal questions the conclusion drawn by the learned Single Judge while dismissing the writ petition filed by the appellant in respect of a no confidence motion having been carried out against him removing him from the office of the Chief Councillor, Khusrupur Nagar Panchayat, Patna.

(3.) The facts in short which are not disputed are that a requisition for carrying out no confidence motion signed by seven members was sent on 14th of January, 2019. However, before the date of the meeting for considering the proposal of no confidence against the appellant, the very same Councillors, who had moved the requisition, withdrew their letter on 4th of February, 2019. After the said withdrawal, meetings were held thereafter and a fresh requisition was sent for convening a meeting to consider a no confidence motion against the appellant on 20th of February, 2019.