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CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Gupteshwar Prasad – Appellant
Versus
State of Bihar – Respondent
CHAKRADHARI SHARAN SINGH, J.:–The petitioner claims to be a Ward Councillor of Ward No. 3 of Nagar Parishad, Bikramganj in the district of Rohtas. It is his case that though one Rub Nawaz Khan (added as respondent No. 9), who was elected as the Chief Councillor of the said Nagar Parishad, stands removed with a resolution of No Confidence Motion carried out against him in accordance with the provisions under Section 25(4) of the Bihar Municipal Act, 2007(for short ‘the Act’) read with Bihar Municipal No- Confidence Motion Process Rules, 2010 (for short ‘the Rules’), the State Election Commission, Bihar (for short ‘the SEC’) has declined the request made by the Ward Councillors of the said Nagar Parishad for holding a fresh election for the said post of Chief Councillor, by an order dated 17.02.2022.
2. In the present writ application, the petitioner is seeking quashing of the aforesaid order dated 17.02.2022, passed by the SEC. The petitioner is seeking a declaration from this Court that since the proceeding of the special meeting held on 27.07.2021 containing resolution of carrying No Confidence Motion against the said respondent No. 9 has not been challenged by him on any ground an
A no-confidence motion against a municipal Vice-Chairperson is valid without the necessity of specific reasons in the resolution, and adherence to statutory notice requirements fulfills procedural ju....
The main legal point established is that the convening of special meetings for No Confidence Motion must adhere to the statutory provisions, including the requirement of clear notice and timing, as p....
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