I.A. ANSARI, J.

1. Aggrieved by a resolution, dated 10.07.2014, whereby special meeting, held for considering the motion of no confidence against the appellant herein, who was the elected Chief Councillor of the Municipal Corporation, Gaya, had been adjourned to 23.07.2014 for want of quorum, the appellant herein filed a writ petition, under Article 226 of the Constitution of India, seeking, inter alia, issuance of a writ in the nature of Certirorari for quashing that part of the resolution, dated 10.07.2014, of the special meeting, whereby the special meeting was adjourned, for want of quorum, to 23.07.2014, at 10:30 AM, for the purpose of considering a motion of no confidence, which had been brought against the appellant herein.

2. The case of the writ petitioner-appellant may, in brief, be set out as under:

(i) Though the writ petitioner-appellant, as Chief Councillor of the Gaya Municipal Corporation, received the support of the majority of the Ward Councillors, the Deputy Chief Councillor, namely, Akhauri Onkar Nath, had been struggling to, somehow, remove the writ petitioner-appellant from the Office of the Chief Councillor and, with this design in mind, had been creating hindrances in the effective performance of the writ petitioner-appellant. Since the majority of the Councillors were not approving the conduct of Akhauri Onkar Nath, as Deputy Chief Councillor, a requisition by more than sufficient number of Ward Councillors was given to the writ petitioner-appellant to convene special meeting for consideration of a motion of no confidence, against Akhauri Onkar Nath, as Deputy Chief Councillor, the resolution seeking removal of Akhouri Onkar Nath from the Office of the Deputy Chief Councillor having been so given soon after completion of his two years in the Office of the Deputy Chief Councillor.

(ii) On a special meeting being convened to discussion the no confidence motion brought against the said Deputy Chief Councillor, the special meeting was held on 20.06.2014 and, by majority of votes, the motion of no confidence, brought against Deputy Chief Councillor, was passed and he stood removed from the said Office, whereupon the said Deputy Chief Councillor challenged the proceedings of the special meeting by way of a writ petition, which gave rise to CWJC No. 9899 of 2014, and by an order, dated 11.07.2014, a learned single Judge of this Court stayed the notification issued for election of a new Deputy Chief Councillor.

(iii) At the time, when the motion of no confidence was passed against the Deputy Chief Councillor, he was in jail and, immediately after his release from jail, he started acting more intensely than before to ensure that the writ petitioner-appellant, too, is removed from her Office. In order to accomplish his design, he got signatures of the Ward Councillors on a plain paper on some pretext or other and converted the same into a requisition, addressed to the writ petitioner-appellant, seeking a special meeting to be called for the purpose of considering a motion of no confidence against the writ petitioner-appellant and sent the said requisition to the Municipal Commissioner, Gaya, on 12.06.2014, although Rule 2 (i) of Bihar Municipal No Confidence Motion Process Rules, 2010 (hereinafter referred to as “2010 Rules”), provides for giving such a requisition to the Chief Councillor. The requisition, so given to the Municipal Commissioner, was placed before the writ petitioner-appellant, on 12.06.2014 itself, and, by order, dated 12.06.2014, the writ petitioner-appellant rejected the said requisition on the ground that only two elected members had asked for convening the special meeting to consider the motion of no confidence; whereas 28 elected Ward Councillors had put their signatures on another page on which it was clearly mentioned at the top against No confidence motion.’

(iv) Notwithstanding the fact that the writ petitioner-appellant had rejected the said requisition on 12.06.2014, another