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2022 Supreme(Pat) 365

MADHURESH PRASAD, CHAKRADHARI SHARAN SINGH
Manik Lal Prasad (Male) – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Ravi Ranjan.
For the State : Mr. Lalit Kishore, Shankar Kumar.
For the State Election : Mr. Sanjeev
Commission Nikesh.
For the Resp. No.5 : Mr. Alok Ranjan.

MADHURESH PRASAD, J.:–The petitioner claims to be ‘Chief Councillor’ of the Khusrupur Nagar Panchayat. He is aggrieved by the efforts of Respondent No.6, the ‘Deputy Chief Councillor’, to bring about a ‘No Confidence Motion’ for removal of the petitioner from the post of ‘Chief Councillor’. He has sought quashing of two requisitions made for convening the special meeting of the Nagar Panchayat for considering the ‘No Confidence Motion’ for his removal from the office of the ‘Chief Councillor’.

2. For appreciating the submission of Mr. Ravi Ranjan, learned counsel for the petitioner, this Court considers it useful to take note of the unamended provisions contained in Bihar Municipal Act, 2007 (‘Act of 2007’ for brevity) for removal of a ‘Chief Councillor’, as contained in Section 25(4) of the Act of 2007, which reads as follows:—

“25(4) The Chief Councillor/ Deputy Chief Councillor may be removed from office by a resolution carried by a majority of the whole number of Councillors holding office for the time being at a special meeting to be called for this purpose in the manner prescribed, upon a requisition made in writing by not less than one-third of the total number of Councillors,

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