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2010 Supreme(Pat) 143

NAVANITI PRASAD SINGH
Shakuntala Devi – Appellant
Versus
State Election Commission – Respondent


Advocates Appeared:
For the Petitioner: Mr. S.B.K. Mangalam, Animka Dubey.
For the Election Commission : M/s K.B. Nath, Sanjeev Nikesh.
For the Respondent No.4: Mr. Ashok Kumar Gupta.
For the Respondent No.5: Mr. Dhurendra Kumar.

ORDER :

The three writ petitioners were the Ward Councilors of Sugauli Nagar Panchayat and pursuant to the ORDER :s of the State Election Commission passed in terms of Section 18 (1) (n) on a complaint by respondent no.5, Lal Babu, having been removed from the Council, have filed this writ petition. Section 18 (1) (n) of the Bihar Municipal Act, 2007 provides that if a Councilor is absent in three consecutive meetings without permission of the Councilors or abandon at a meeting then he is liable to be removed.

2. Counter affidavits have been filed including on behalf of the State Election Commission. Respondent no.5 has appeared. Having heard the parties at length this writ petition is being disposed of at this stage itself.

3. Mr. S.B.K. Mangalam who appears on behalf of the petitioners, pressed short issues, though a number of issues have been raised in the writ petition. He refers to the supplementary show cause as was filed before the State Election Commission, which is Annexure-4 to the writ petition. It is not in dispute that this supplementary show cause was indeed filed. In the supplementary show cause, it was specifically averred that so far as meeting dated 28.11.2008 is c






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