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2014 Supreme(Pat) 1111

JYOTI SARAN
Shardanand Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner/s: Mr. Sanjay Kumar
For the Respondent/s: Mr. Md.Raisul Haque, SC-4
For the private Respondents: Mr. Chandan

ORAL JUDGMENT


Heard Mr. Sanjay Kumar, learned counsel appearing on behalf of the petitioners, learned counsel for the State and Mr. Chandan, learned counsel appearing for the respondent nos.5, 6, 7, 10, 11 and 12 who were requisitionists in respect of the proceedings in question as well as the participants in the special meeting.

2. Since respondent nos.8 and 9 did not choose to participate in the proceedings hence in the opinion of this Court, no notice is required to be issued to these respondents.

3. With the consent of the parties the writ petition is taken up for consideration with a view to final disposal at the stage of admission itself.

4. The petitioners are Chief Councillor and Deputy Chief Councillor respectively of Nagar Panchayat, Shahpur in the district of Bhojpur at Arrah and are aggrieved by the no confidence motion passed against them in a special meeting held on 27.8.2014 under section 25(4) of the Bihar Municipal Act, 2007 (hereinafter referred to as ‘the Act’) read with the provisions of the Bihar Municipal No Confidence Motion Process Rules, 2010 (hereinafter referred to as ‘the Rules’).

5. The facts of the case briefly stated is that the no confidence motion was








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