Sanjay Kumar Sinha vs State of Bihar through the Chief Secretary

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Pat) 156

CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Sanjay Kumar Sinha – Appellant
Versus
State of Bihar through the Chief Secretary – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Purushottam Kumar Das, Advocate
For the Respondent:Mr. Kinkar Kumar, SC-9 Ms. Deepika Sharma, AC to SC-9, Mr. Manish Kumar, Advocate

JUDGMENT :

Chakradhari Sharan Singh, J.

Sub-section (4) of Section 25 of the Bihar Municipal Act, 2007 ('Municipal Act' for short) postulates the removal of a Chief Councillor/Deputy Chief Councillor of a Municipality within the meaning of Section 12 of the Municipal Act read with Article 243 Q of the Constitution of India, from office by a resolution carried by a majority of a whole number of the Councillors holding office for the time being in force at a special meeting to be called for this purpose in the manner prescribed, once a requisition is made in this regard, in writing by not less than one-third of the total number of Councillors, in accordance with the procedure of conduct of business, in a special meeting as may be prescribed.

2. There are three provisos to sub-section (4) of Section 25, which prohibit bringing the No-Confidence Motion in three different circumstances. The third proviso states that No Confidence Motion shall not be brought within the Municipality's residual period of six months.

3. The Bihar Municipal No Confidence Motion Process Rules, 2010 ('the Rules' for short) have been framed in exercise of powers conferred by the aforesaid sub-section (4) of Section