Decided on February 05,2021

MIRA DEVI Appellant
STATE OF BIHAR Respondents


Shivaji Pandey, J. - (1.) Heard learned counsel for the parties and perused the records of the case.
(2.) In the present case, the petitioners are seeking quashing of the proceedings of special meeting dated 07.08.2020 of Nagar Panchayat, Maner, which was convened for consideration of "No Confidence Motion" against the petitioners, who were holding the post of Chief Councillor and Deputy Chief Councillor respectively and further seeking direction to the respondent authorities for reinstatement of the petitioners to the post, which they were holding before they were removed i.e. on 07.08.2020 through the "No Confidence Motion" passed against them by the majority of Ward Councillors of the said Nagar Panchayat.
(3.) The petitioners contested the election of Ward Councillors of Maner Nagar Panchayat and they were declared successful. Both the petitioners again contested the election for the post of Chief Councillor and Deputy Chief Councillor and both have been declared successful, accordingly, they started discharging their respective duties. It has been alleged that in the year 2019, a move was made for "No Confidence Motion" against the petitioners, but the majority of the Ward Councillors did not support the motion, ensued the rejection of motion. After completion of one year, they mustered the courage and made a second move for "No Confidence Motion" by allegedly serving a notice dated 14.07.2020 through the office of the Executive Officer, Nagar Panchayat, Maner vide letter no. 531 dated 15.07.2020 bearing the signatures of ten Ward Councillors being more than 1/3rd Ward Councillors, which is required under the Bihar Municipal Act, 2007 (hereinafter mentioned Bihar Municipal Act).;

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