RAKESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Legality of the No Confidence Motion initiated against the appellantwrit petitioner (hereinafter to be referred as "petitioner") was challenged before the Writ Court on the grounds of absence of the conditionprecedent under Rule 3(1) and breach of Rule 3(8) of Jharkhand Municipal (Procedure for conduct of No Confidence Motion against Deputy Mayor/ViceChairperson) Rules, 2014. Holding that, "the procedure prescribed and followed in the matter of No Confidence Motion does not appear to suffer from any vice of arbitrariness, unreasonableness or violation of Principles of Natural Justice", the Writ Court dismissed the writ petition.

(2.) Facts which are not in dispute are summarized hereunder; Election for Giridih Municipal Council was held in the month of February/March, 2013. The election was held in terms of Jharkhand Municipal Act, 2011, for electing Ward Councillors for 30 constituencies under Giridih Municipal Council. The petitioner was declared elected from Ward No. 25 under Giridih Municipal Council. Under Section 26 post of Mayor/Chairperson is filled up through direct election and Deputy Mayor/ViceChairperson is elected by the elected Councillors from amongst themselves. The petitioner was elected Deputy Mayor/ViceChairperson of Giridih Municipal Council and the Electoral OfficercumDeputy Commissioner, Giridih issued certificate dated 04.05.2013. A proposal for initiating No Confidence Motion against the petitioner was submitted on 23.02.2016 by 16 Ward Councillors to the Executive Officer of Giridih Municipal Council, who on the same day, vide letter dated 23.02.2016 forwarded the said proposal to the Deputy Commissioner, Giridih for initiating the proceeding of No Confidence Motion against the petitioner. On 25.02.2016, the Deputy Commissioner authorised one Ajay Shikari Kachhap, Additional Collector, Giridih to act as Presiding Officer, for conducting the proceeding of No Confidence Motion. Misc. Case No. 02 of 2016 was, thus, instituted for the said purpose. It appears that letter dated 25.02.2016 of the Deputy Commissioner was received by the Additional Collector on 29.02.2016, who vide order dated 03.03.2016 constituted a 4member Enquiry Team to enquire into the basis for No Confidence Motion. A report was submitted on 05.03.2016, on the basis of which the Presiding Officer (Municipal Council)cumAddtional Collector, Giridih formed an opinion to convene a meeting for discussion and voting on the No Confidence Motion. The Presiding Officer fixed 14.03.2016, the date for the aforesaid purpose. The petitioner received notice dated 05.03.2016 on 06.03.2016. In the aforesaid background, contending that initiation of No Confidence Motion was in breach of Rule 3(1) of Jharkhand Municipal (Procedure for conduct of No Confidence Motion against Deputy Mayor/ViceChairperson) Rules, 2014 and thus, void ab initio, the petitioner approached the Writ Court, however, as noticed above, unsuccessfully.

(3.) Heard the learned counsel for the parties and perused the documents on record.