JUDGMENT :

Chakradhari Sharan Singh, J.

1. Sub-Section (4) of Section 25 of the Bihar Municipal Act, 2007 (hereinafter referred to as 'the Act') prescribes for removal from office of a Chief Councillor/Deputy Chief Councillor of a Municipal Corporation/Municipal Council/Nagar Parishad by a resolution carried by a majority of whole number of councillors at a special meeting, to be called for the said purpose 'in the manner prescribed' upon a requisition made in writing by not less than one-third of the total number of councillors. It further states that the procedure for conduct of business in the special meeting shall be such as may be prescribed. The first proviso to Sub-Section (4) of Section 27 states that a no-confidence motion shall not be brought against a Chief Councillor/Deputy Chief Councillor within a period of two years of taking over the charge of post.

2. Section 419 of the Act confers upon the State Government power to make rules for carrying out the purposes of the Act.

3. The Bihar Municipal No Confidence Motion Process Rules, 2010 (hereinafter referred to as 'the Rules') have been framed by the State of Bihar in exercise of the powers conferred under Section 25(4) and