Shabir Alam @ Shabir Husain vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Pat) 438

PURNENDU SINGH
Shabir Alam @ Shabir Husain – Appellant
Versus
State of Bihar – Respondent

Advocates Appeared:
For the Petitioners: M/s Niranjan Kumar, Surya Pratap Kumar, Subham Singh.
For the State :Addl. Advocate General 7.
For the Zila Parishad : Mr. Sanjay Kumar.
For Respondent no.9: Mr. S. B. K. Manglam.

Purnendu Singh, J. – Heard Mr. Niranjan Kumar, learned counsel along with Mr. Surya Pratap Kumar and Mr. Subham Singh, learned counsel appearing on behalf of the petitioners; learned AAG-7 for the State; Mr. Sanjay Kumar, learned counsel for the Zila Parishad and Mr. S. B. K. Manglam, learned counsel for the respondent no.9.

2. In paragraph no.1 of the writ petition, the petitioners have prayed for relief(s), which are re-produced inter alia as follows: –

(I) For issuance of a writ in the nature of certiorari for quashing the proceeding dated 15.01.2024, wherein the District Magistrate, East Champaran at Motihari and Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, East Champaran, Motihari have illegally and arbitrarily closed the meeting called for considering the motion of No Confidence without even holding a discussion on the requisition/charges of No Confidence Motion or any voting on the same and holding that the incumbent Chairman and Vice-Chairman of District Board/Zila Parishad, East Champaran at Motihari continue to be in majority as only 15 members out of 57 elected members were present and minimum quorum is of (28+1) 29 members were required for