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2016 Supreme(Pat) 1299

HEMANT GUPTA, DINESH KUMAR SINGH
Sabila Khatoon – Appellant
Versus
State of Bihar through Principal Secretary, Panchayat Raj Department – Respondent


Advocates Appeared:
For the Appellant : Mr. Jitendra Kumar Roy.
For the Respondents: Mr. Dhirendra Kumar, Mr. Amit Shrivastava, Mr. Sanjeev Nikesh, Mr. Pushkar Narain Shahi and Mr. Vikash Kumar.

JUDGMENT :

Dinesh Kumar Singh, J.

1. The order date 1st December, 2016 passed by learned Single Bench in C.W.J.C. No. 18258 of 2016 is subject matter of challenge in the present Letters Patent Appeal whereby the writ application filed by respondent no. 12 was allowed and No Confidence Motion passed against her in the meeting held on 15.10.2016 was set aside.

2. The writ applicant was elected as Chief Councillor, Nagar Panchayat, Dhaka, in the month of May, 2012. On 19th September, 2016, 13 ward councillors, made a written requisition for convening extra-ordinary meeting of councillors to consider the requisition of No Confidence against the writ applicant. Such requisition has been appended by the writ applicant as Annexure-3, which was delivered to one Bajrangi Kumar on 19th of September, 2016 at 10.01 AM. The writ applicant has attached the subsequent communication dated 19th of September, 2016 by her addressed to the Executive Officer, Nagar Panchayat, Dhaka, received by the same Bajrangi Kumar at 10.03 AM. The writ applicant has conveyed that she has suddenly fallen ill last night and that since she is undergoing treatment at Ganga Ram Hospital, New Delhi, therefore, she is leavin
















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