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2021 DIGILAW 261 (PAT)

Amrita Devi v. State of Bihar

2021-03-19

ASHUTOSH KUMAR

body2021
ORDER A counter affidavit on behalf of Respondent No. 5 has been filed during the course of argument. Let it be taken on record. 2. Heard Mr. Ashok Kumar Garg, learned counsel for the petitioner; Mr. Sanjeev Nikesh, learned counsel for State Election Commission; and Mr. Subhash Prasad Singh, learned GA-3 for the State. 3. This writ petition was initially filed for quashing the Memo No. 162, dated 18.09.2020, issued by Respondent No. 5 / Executive Officer, Nagar Panchayat, Barsoi, whereby he had fixed a special meeting for 23d of September, 2020 at 11.00 A.M. for deliberations over no-confidence motion against the petitioner as well as for quashing the requisition of no-confidence motion dated 02.09.2020. 4. During the pendency of this writ petition, noconfidence was carried against the petitioner on 23.09.2020, which resolution also has been challenged by the petitioner by way of Interlocutory Application (Annexure- R 2/1). 5. The sole ground raised by the petitioner is that no-confidence motion against the petitioner could not have been fixed or carried through within two years of her taking over the responsibility of the Chief Councilor. 6. Section 25 of the Bihar Municipal Act, 2007 which deals with removal of Chief Councilor/Deputy Chief Councilor specifically provides that no-confidence motion shall not be brought against the Chief Councilor/Deputy Chief Councilor within a period of two years of taking over the charge of the post. 7. Admittedly the petitioner was elected as Chief Councilor on 19.09.2019 and therefore any no-confidence motion could have been brought against her only on or after 18.09.2021. 8. The requisition, the fixation of date as well as the resolution dated 23.09.2020 allowing the noconfidence motion against the petitioner therefore is in derogation of Section 25 (4) of the Bihar Municipal Act, 2007 and cannot be sustained in the eyes of law. 9. For the aforesaid reasons, the resolution dated 23.09.2020, the requisition as also the fixation of date are set aside. 10. The writ petition stands disposed of accordingly.