Dipak Misra, J.

1. Regard being had to the commonality of the con-,-- troversy in both the appeals, they have been heard analogously and are being disposed of by a singular order.

2. Be it noted, L.P.A. 525 of 2010 has been preferred by Sanjay Kumar Mahajan, the 12th respondent in C.W.J.C.

"No. 7540 of 2009 which was preferred by Jai Muni Devi who was the Chief Councillor of Sitamarhi Nagar Parishad. L.P.A. No. 670 of 2010 has been preferred by Md. Jalaluddin Khan.who has preferred the appeal after obtaining grant of leave, on the foundation that he is the elected Chief Councillor of Sitamarhi Municipality after the election was held when the post of Chief Councillor, which was occupied by Jai Muni Devi, fell vacant because of vote of no confidence motion mooted against her became successful.

3. The factual matrix lies in a narrow compass. Jai Muni Devi was elected as a Councillor of Sitamarhi Municipality after contesting the election under Bihar Municipal Act, 2007 (for brevity the Act). The elected Councillors elected Jai Muni Devi as Chief Councillor. The vote of no confidence motion was mooted under Section 25 of the Act and the same was put to vote on 18.7.2009. On t