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, and the procedure for the conduct of business in the special meeting shall be such as may be prescribed:

Provided that a no confidence motion shall not be brought against the Chief Councillor/Deputy Chief Councillor within a period of two years of taking over the charge of the post:

Provided further that a no confidence motion shall not be brought again within one year of the first no confidence motion:

Provided further also that no confidence motion shall not be brought within the residual period of six months of the municipality.”

3. In terms of sub-section (4) of Section 25, the State Government prescribed the process for conduct of the ‘No Confidence Motion’ to be brought against the ‘Chief Councillor’/ ‘Deputy Chief Councillor’ of an Urban local self body by framing the Bihar Municipal No-Confidence Motion Process Rules, 2010, (‘Rules of 2010’ for short) published in the Bihar Gazette Extraordinary No. 359, dated 10.06.2010. The same specifies the process for bringing about a ‘No Confidence Motion’ with respect to manner in which the notice is to be served, meeting is to be convened, and quorum etc.

4. The petitioner has sought quashing of two requisitions for convening special meeting which are dated 14-02-2022 (first resolution), and 13.04.2022 (second resolution).

5. The first requisition has been assailed on the ground that on 13.01.2022 Bihar Ordinance No. 01, 2022, namely, the Bihar Municipal (Amendment) Ordinance, 2022 (‘Amendment Ordinance of 2022’ for short) had already been promulgated. This Ordinance substituted Section 25 of the Act of 2007 and, the substituted Section 25 did not contain any provision akin to Section 25(4) of the Act of 2007, taken note of above, providing for removal of ‘Chief Councillor’ and ‘Deputy Chief Councillor’, on the basis of no-confidence motion. The petitioner’s counsel has submitted that in view of absence of any statutory provision for removal of the ‘Chief Councillor’/‘Deputy Chief Councillor’ w.e.f. 13.01.2022, the first requisition dated 14.02.2022 after promulgation of the Amendment Ordinance of 2022, was without any statutory/legal basis and unsustainable. The submission of the petitioner’s counsel, in this regard, in the Court’s opinion is indubitable.

6. This Court, however, must observe that events, subsequent to issuance of the requisition dated 14.02.2022, has rendered the aforesaid submission infructuous. The relevant subsequent events, in this regard, is the second requisition dated 13.04.2022 subsequent to enactment of the Bihar Municipal (Amendment) Act, 2022 (‘Amendment Act of 2022’ for short) which came into effect on 2nd April 2022, by virtue of its publication in the Bihar Gazette Extraordinary. Resultantly, the provision for removal of ‘Chief Councillor’/ ‘Deputy Chief Councillor’ came to b