Aparesh Kumar Singh, J.

Heard learned counsel for the parties.

2. Petitioner, who is the Vice Chairperson of Giridih Nagar Parishad elected on 4th May, 2013, has challenged the initiation of no confidence motion as directed to be voted upon before the prescribed authority i.e. the Additional Collector, Giridih-cum-Presiding Officer (respondent no. 3) under the directions of the competent authority i.e. the Deputy Commissioner, Giridih through the impugned order contained in memo no. 367 dated 25th February, 2016 (Annexure-4). 17 out of 30 Councilors moved an application for no confidence motion whereupon the impugned direction has been issued by the Deputy Commissioner, Giridih. Petitioner has made the challenge to the impugned action on the following grounds :-

(i) The petitioner under the Jharkhand Municipality (Procedure for No Confidence Motion against Deputy Mayor/Vice-Chairperson) Rules, 2014 notified on 28th August, 2014 and gazetted on 11th February, 2015 was not acting as a Chairperson in terms of Rule-3(1) in the absence of which no confidence motion would have been moved.

(ii) The amendment in the Rules of 2014 notified on 22nd October, 2014 gazetted on 5th November,