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ANIL KUMAR SINHA
Saneha Kumari, Wife of Rajiv Ranjan Paswan – Appellant
Versus
State of Bihar Through the Chief Secretary, Government of Bihar, Patna – Respondent
ORDER :
1. Heard learned Counsel for the parties concerned.
2. Since common question of law and fact is involved in these two writ applications, both writ applications are being taken up together with the consent of the parties.
3. The petitioners of CWJC No. 12295 of 2021 has prayed for directing the respondent no. 5-the District Magistrate, Rohtas, to call the meeting of the elected Councilors of the kochas Nagar Panchayat for the purposes of election to the post of the Deputy Chief Councilor for Kochas Nagar Panchayat, which has fallen vacant because of removal of respondent no. 7-Ruby Devi (petitioner in CWJC No. 11164 of 2021). The petitioners of CWJC No. 12295 of 2021 have been impleaded as respondents in CWJC No. 11164 of 2021.
4. The petitioner of CWJC No. 11164 of 2021 has challenged the No Confidence Motion, dated 03.05.2021, carried out by the Kochas Nagar Panchayat against the petitioner, by which she has been removed from the post of Deputy Chief Councilor of the Kochas Nagar Panchayat, on the basis of the No Confidence Motion passed against her. The petitioner has also sought for a direction against the respondents restraining them from holding fresh election for the p
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....
The bar to a fresh No Confidence Motion applies only when a special meeting has legally and validly been convened and the motion has been moved unsuccessfully.
The importance of adhering to procedural requirements for no confidence motions, the significance of majority opinion, and the discretionary powers of the court in such matters.
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