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2021 Supreme(Pat) 1168

ASHUTOSH KUMAR
Amrita Devi – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: Mr. Ashok Kumar Garg.
For the Respondents: Mr. Lalit Kishore.

ORDER

A counter affidavit on behalf of Respondent No. 5 has been filed during the course of argument. Let it be taken on record.

2. Heard Mr. Ashok Kumar Garg, learned counsel for the petitioner; Mr. Sanjeev Nikesh, learned counsel for State Election Commission; and Mr. Subhash Prasad Singh, learned GA-3 for the State.

3. This writ petition was initially filed for quashing the Memo No. 162, dated 18.09.2020, issued by Respondent No. 5 / Executive Officer, Nagar Panchayat, Barsoi, whereby he had fixed a special meeting for 23d of September, 2020 at 11.00 A.M. for deliberations over no-confidence motion against the petitioner as well as for quashing the requisition of no-confidence motion dated 02.09.2020.

4. During the pendency of this writ petition, noconfidence was carried against the petitioner on 23.09.2020, which resolution also has been challenged by the petitioner by way of Interlocutory Application (Annexure- R 2/1).

5. The sole ground raised by the petitioner is that no-confidence motion against the petitioner could not have been fixed or carried through within two years of her taking over the responsibility of the Chief Councilor.

6. Section 25 of the Bihar Municipal Act, 2007 w

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