The petitioner is the Ex-Deputy Mayor of the Patna Municipal Corporation and by filing the present writ petition under Article 226 of the Constitution of India has prayed for a writ in the nature of certiorari for quashing the order dated 30.10.2015 bearing Memo No. 366 issued under the seal and signature of the Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna whereby and whereunder the petitioner has been removed from the post of Deputy Chief Councilor-cum-Deputy Mayor of the Patna Municipal Corporation for having incurred a disqualification under Section 25(5) of the Bihar Municipal Act, 2007 (hereinafter referred to as the ‘Act’).

2. Fact of the case briefly stated is that the petitioner was elected as a Councillor, Patna Municipal Corporation in the year 2012 and was also elected the Deputy Chief Councillor of the Corporation. A complaint was filed by the private respondent before the Principal Secretary, Department of Urban Development and Housing Department, Government of Bihar under Section 25(5) of the ‘Act’ praying for removal of the petitioner from the post of Deputy Chief Councillor inter alia on grounds that he had avoid