VIBHA KUMARI @ BIBHA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition had initially been filed by the petitioner praying therein for setting aside the order contained in Memo No. 604 dtd. 16/7/2018 issued by the Municipal Commissioner, Purnea Municipal Corporation (for short 'the Corporation') whereby the date for special meeting for 'No Confidence Motion' had been fixed on 28/7/2018 at 11:30 a.m. Subsequently, the petitioner filed one interlocutory application bearing I.A. No.5817 of 2018 dtd. 1/8/2018 praying therein for amendment of prayer and has sought an additional prayer for setting aside the minutes of the meeting dtd. 28/7/2018 in which the 'No Confidence Motion' against the petitioner stood passed. Thereafter, he filed another interlocutory application bearing I. A. No.6046 of 2018 dtd. 7/8/2018 whereby he has prayed for grant of an ad interim stay on the minutes of the meeting dtd. 28/7/2018 whereby No Confidence Motion was passed against the petitioner by a margin of one vote and the petitioner also prayed to stay the proposed election of the Mayor of Corporation scheduled on 10/8/2018.

(2.) At this stage, it would be apposite to note that on 9/8/2018 when the writ petition was taken up following order was passed:-

(3.) Thus, it would be evident that vide order dtd. 9/8/2018, this Court taking into consideration various circumstances, directed the State Election Commission (Panchayat) (respondent no. 50) as well as the District Administration to ensure that the election for the post of Mayor scheduled to be held on 10/8/2018 be held in presence of a Class- 1 Officer of the Commission as well as a Police Officer not below the rank of D.I.G. However, the result of the election was directed not to be pronounced till the next date.