LAWS(PAT)-2019-7-75

PREMA CHAUDHARY Vs. STATE OF BIHAR

Decided On July 29, 2019
Prema Chaudhary Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Petitioner in the present case are the 13 elected members of the Zila Parishad, Nawada who claimed to have voted in favour of a no confidence motion brought against the Chairman (Respondent No.5), but the motion failed when the Presiding Officer cum District Magistrate, Nawada declared one vote invalid, because one of the members while casting his vote marked 'X' instead of 'x'.

(2.) It is the case of the petitioners that out of 25 elected members of the Zila Parishad, 13 members had entered appearance and participated in the meeting and all the 13 members voted in favour of no confidence motion.

(3.) The bone of contention in the present case is the impugned Memo No. 274 dated 24.09.2018 (Annexure '5') by which the Presiding Officer held only twelve votes valid and declared one vote invalid for the reason that he found it contrary to the instruction given in letter no. 2535 dated 16.09.2008 of the State Election Commission.