Advocates:
['RAVI RANJAN', '', 'Suruchi Priya', 'YOGENDRA PD SINHA AAG']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6170 of 2022

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Manik Lal Prasad (Male) aged about 50 years, son of Mahendra Prasad Ward

No. 3, Badi Sangat, Chakchanda, Khusrupur, District Patna, Bihar (803202),

Presently Chief Councilor, Khusrupur Nagar Panchayat, District Patna.

... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2.

The Principal Secretary, Urban Development and Housing Department,

Government of Bihar, Patna.

3.

The District Magistrate, Patna.

4.

The Sub Divisional Officer, Patna City, District Patna.

5.

Khusrupur Nagar Panchayat though the Executive Officer, Khusrupur Nagar

Panchayat, District Patna.

6.

Vishal Kumar Son of not known to the petitioner, presently Deputy Chief

Councilor, Khusrupur Nagar Panchayat, District Patna.

7.

Rekha Devi, Wife of not known to the petitioner, elected member of

Khusrupur Nagar Panchayat, District Patna through Respondent No. 5,

Executive Officer, Khusrupur Nagar Panchayat, District Patna.

8.

Suruchi Kumari Wife of not Known to the petitioner, elected member of

Khusrupur Nagar Panchayat, District Patna through Respondent No. 5,

Executive Officer, Khusrupur Nagar Panchayat, District Patna.

9.

Ranju Singh, Wife of not Known to the petitioner, elected member of

Khusrupur Nagar Panchayat, District Patna through Respondent No. 5,

Executive Officer, Khusrupur Nagar Panchayat, District Patna.

10.

Ashok Kumar, Son of not Known to the petitioner, elected member of

Khusrupur Nagar Panchayat, District Patna through Respondent No. 5,

Executive Officer, Khusrupur Nagar Panchayat, District Patna.

11.

Najma Khatoon, Wife of not Known to the petitioner, elected member of

Khusrupur Nagar Panchayat, District Patna through Respondent No. 5,

Patna High Court CWJC No.6170 of 2022 dt.22-06-2022

2/21

Executive Officer, Khusrupur Nagar Panchayat, District Patna.

12.

Pratima Kumari, Wife of not Known to the petitioner, elected member of

Khusrupur Nagar Panchayat, District Patna through Respondent No. 5,

Executive Officer, Khusrupur Nagar Panchayat, District Patna.

13.

Mintu Kumar, elected member of Khusrupur Nagar Panchayat, District

Patna through Respondent No. 5, Executive Officer, Khusrupur Nagar

Panchayat, District Patna.

14.

Guddu Kumar elected member of Khusrupur Nagar Panchayat, District

Patna through Respondent No. 5, Executive Officer, Khusrupur Nagar

Panchayat, District Patna.

... ... Respondents

Appearance :

For the Petitioner

:

Mr.Ravi Ranjan, Adv.

For the State

:

Mr. Lalit Kishore AG with

Mr. Shankar Kumar AC to AAG-7

For the State Election

Commission

:

Mr. Sanjeev Nikesh, Adv.

For the Respondent No.5:

Mr. Alok Ranjan, Adv.

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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH

and

HONOURABLE MR. JUSTICE MADHURESH PRASAD

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD)

Date : 22-06-2022

The petitioner claims to be ‘Chief Councillor’ of the

Khusrupur Nagar Panchayat. He is aggrieved by the efforts of

Respondent No.6, the ‘Deputy Chief Councillor’, to bring about

a ‘No Confidence Motion’ for removal of the petitioner from the

post of ‘Chief Councillor’. He has sought quashing of two

requisitions made for convening the special meeting of the

Nagar Panchayat for considering the ‘No Confidence Motion’

Patna High Court CWJC No.6170 of 2022 dt.22-06-2022

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for his removal from the office of the ‘Chief Councillor’.

2. For appreciating the submission of Mr. Ravi Ranjan,

learned counsel for the petitioner, this Court considers it useful

to take note of the unamended provisions contained in Bihar

Municipal Act, 2007 (‘Act of 2007’ for brevity) for removal of a

‘Chief Councillor