MANIK LAL PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been preferred seeking the following reliefs:-

(2.) The petitioner is the Chief Councillor of Nagar Panchayat, Khusrupur, Patna. There are 10 Wards under the said Nagar Panchayat. On 14.01.2019 some of the Councillors including the respondent no. 6 who is the Deputy Chief Councillor brought a requisition for calling a Special Meeting to discuss a No Confidence Motion against the petitioner. It is stated that copy of the said requisition was sent to the Executive Officer, Nagar Panchayat, Khusrupur which was sent to the petitioner vide Memo No. 36 dated 14.01.2019 (Annexure '1'). The said requisition was, however, withdrawn vide letter dated 04.02.2019 a copy of which has been enclosed as Annexure '2' to the writ application. It is the case of the petitioner that after withdrawal of the requisition, there were General Meeting of the Nagar Panchyat on 14.02.2019, 18.02.2019 and thereafter but in those Meetings there was no whisper from any Ward Members against the petitioner. All of a sudden, it is stated that the petitioner came to know through some reliable sources that vide Letter Dated 20.02.2019 issued under the signature of the Deputy Chief Councillor a requisition has been made in writing addressed to the petitioner requesting for calling a Special Meeting to discuss No Confidence Motion against him.

(3.) The petitioner claims that this was never served upon him as it was sent directly to the Executive Officer, Nagar Panchayat, Khusrupur. The petitioner states that as soon as he came to know about the requisition for No Confidence Motion, he represented before the Executive Officer vide her Letter Dated 23.02.2019 (Annexure '3'). The petitioner was served thereafter vide Letter No. 131 dated 25.02.2019, the said requisition dated 22.02.2019 by which the petitioner was requested to give his opinion in writing on the issue.