1. Heard the parties.

2. These three writ petitions have been taken up and heard at length for its final disposal at this stage itself, as they raise a common issue. It relates to Madhubani Nagar Parishad constituted under the provisions of the Bihar Municipal Act, 2007.

3. Counter affidavits have been filed and with consent of parties the writ petition has been heard for final disposal at this stage itself.

4. Madhubani Nagar Parishad has an elected Chief Councillor and Deputy Chief Councillor and consists of 30 elected members. On two years expiring 18 members filed a requisition for convening a special meeting of the Nagar Parishad for considering vote of no confidence as against the Chief Councillor and the Deputy Chief Councillor. Upon notice being given, the Chief Councillor fixed 16.7.2009 as the date for convening the special meeting and noticed the Councillors. On 9th of July, 2009 the In-Charge Additional Collector by his memo no. 944 of the said date informed the Chief Executive Officer of the Nagar Parishad that in view of the order dated 8.7.2009 of the District Magistrate-cum- Collector, Madhubani, the meeting in respect of no confidence against Chief Councillor and Deputy Chief Councillor would now be held at 10:30 AM on 17.7.2009 at the Vikash Bhawan. In the said communication it is admitted that the Collector- cum-District Magistrate have received the earlier communication from the Nagar Parishad in which meeting was fixed for 16.7.2009. It is contained in Annexure-1 to the first writ petition. It is the validity of such a direction that is under challenge.

5. On behalf of petitioners, it is submitted that the Collector-cum-District Magistrate is nobody and has no authority to interfere in the democratic function of the Nagar Parishad. The Act does not recognize his authority nor confer any authority on him. In the counter affidavit the stand of the State and the contesting private- respondents is that this direction has been issued in terms of State Government order, as contained in memo no. 2360 dated 22.6.2009, by which purporting to act in terms of Section 25(4) of the Bihar Municipal Act, the State Government by an executive order has laid down the procedure for holding the special meeting for consideration of no confidence.

6. It is further submitted on behalf of the State that in absence of statutory rules, State would be competent to issue circulars, which would have force of statute. This circular provided that where there is no confidence motion against the Chief Councillor and the Deputy Chief Councillor simultaneously the meeting would be called for by the Collector of the district and would be presided over by him and convened under his supervision or under his delegated authority. It further provided that for such a special meeting there would be no requirement of quorum. The authority and validity of the circular is then put in issue.

7. On behalf of petitioners, it is submitted that under the Act no no confidence motion can be brought within the first two years of tenure of the elected Nagar Parishad. After expiry of two years no confidence motion can be brought in and situation is contemplated under Section 25(4) of the Bihar Municipal Act, 2007 , which is quoted hereunder:

"25. Removal of Chief Councillor/ Deputy Chief Councillor. (4) The Chief Councillor/Deputy Chief Councillor may be removed from office by a resolution carried by a majority of the whole number of Councillors holding office for the time being at a special meeting to be called for this purpose in the manner prescribed, upon a requisition made in writing by not less than one-third of the total number of Councillors, and the procedure for the conduct of business in the special meeting shall be such as may be prescribed: "Provided that a no confidence motion shall not be brought against the Chief Councillor/Deputy Chief Councillor within a period of two years of taking over the charge of the post: Provided further that