A requisition for fixing a Special Meeting to move a No Confidence Motion must result in convening and holding of the Special Meeting to be considered as a 'No Confidence Motion' brought. The withdrawal of requisition before the Special Meeting does not constitute a 'No Confidence Motion' brought as per the second proviso to subsection (4) of Section 25 of the Act of 2007.

JUDGMENT :

Rajeev Ranjan Prasad, J.

The present writ application has been preferred seeking the following reliefs:-

"1. For issuance of a writ or writs in nature of Certiorari for quashing the requisition as contained in letter dated 20.02.2019, issued under the signature of Deputy Chief Councillor, Nagar Panchayat, Khusrupur, by which a requisition has been made in writing addressed to the petitioner requesting for calling upon special meeting for no confidence motion as against the Chief Councillor, Nagar Panchayat, Khusrupur, i.e. against the petitioner, though the requisition is addressed to the petitioner but never served to the petitioner and has directly been made to the Executive Officer, Nagar Panchayat, Khusrupur, and further for quashing the letter as contained in letter no. 131 dated 25.02.2019 issued under the signature of the Executive Officer, Nagar Panchayat, Khusrupur, whereby and where under the petitioner has been requested to give his opinion with regard to no confidence motion against the petitioner as the same is contrary to statutory provision of the Act and also contrary to settled principle of law as laid own through various judicial pronouncement made by Honb'le court from time to time.

(II). For a direction to the respondent authorities not to take any action or create any impediment in smooth functioning of the office of the petitioner.

(III). For any other relief or reliefs for which the petitioner is entitled under law in the facts and circumstances of the present case."

2. The petitioner is the Chief Councillor of Nagar Panchayat, Khusrupur, Patna. There are 10 Wards under the said Nagar Panchayat. On 14.01.2019 some of the Councillors including the respondent no. 6 who is the Deputy Chief Councillor brought a requisition for calling a Special Meeting to discuss a No Confidence Motion against the petitioner. It is stated that copy of the said requisition was sent to the Executive Officer, Nagar Panchayat, Khusrupur which was sent to the petitioner vide Memo No. 36 dated 14.01.2019 (Annexure 1'). The said requisition was, however, withdrawn vide letter dated 04.02.2019 a copy of which has been enclosed as Annexure 2' to the writ application. It is the case of the petitioner that after withdrawal of the requisition, there were General Meeting of the Nagar Panchyat on 14.02.2019, 18.02.2019 and thereafter but in those Meetings there was no whisper from any Ward Members against the petitioner. All of a sudden, it is stated that the petitioner came to know through some reliable sources that vide Letter Dated 20.02.2019 issued under the signature of the Deputy Chief Councillor a requisition has been made in writing addressed to the petitioner requesting for calling a Special Meeting to discuss No Confidence Motion against him.

3. The petitioner claims that this was never served upon him as it was sent directly to the Executive Officer, Nagar Panchayat, Khusrupur. The petitioner states that as soon as he came to know about the requisition for No Confidence Motion, he represented before the Executive Officer vide her Letter Dated 23.02.2019 (Annexure 3'). The petitioner was served thereafter vide Letter No. 131 dated 25.02.2019, the said requisition dated 22.02.2019 by which the petitioner was requested to give his opinion in writing on the issue.

4. The petitioner has moved this Court claiming that the impugned letter dated 20.02.2019 and letter No. 131 dated 25.02.2019 are in violation of the statutory provisions as contained in Section 25(4) of the Bihar Municipal Act, 2017 (hereinafter referred to as the 'Act of 2007). It is submitted that in terms of Section 25(4) of the Act of 2007 No Confidence Motion cannot be brought again within one year of the first No Confidence Motion. According to the petitioner the requisition for first No Confidence Motion was brought on 14.01.2019, the same was withdrawn on 04.02.2019, therefore the subsequent requisition dated 20.02.2019 is against the statutory provisions. Dur