AKHOURI ONKARNATH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Mr. Binod Kumar Singh learned counsel for the petitioner, learned counsel for the State, Mr. Rabindra Kumar Priyadarshi for the Gaya Municipal Corporation and Mr. Y.V. Giri learned Senior counsel for the private respondents are in attendance.

(2.) The writ petition was filed questioning the requisition contained in letter No. 889 dated 10.6.2014 placed at Annexure-1 to the writ petition as well as the notice circulated by the Municipal Commissioner on 10.6.2014 intimating the date of special meeting convened for considering the no confidence motion so moved against the petitioner vide Annexure-1 which was fixed on 20.6.2014 and a copy whereof is placed at Annexure- 2 to the writ petition. The petitioner was in custody having been made accused in a case arising from Kotwali P.S. Case No. 16 of 2014 and since he was not in a position to picipate in the special meeting so fixed that the writ petition was filed.

(3.) While the matter was pending consideration the special meeting was held on 20.6.2014 and the motion was passed against the petitioner, a copy whereof has been impugned at Annexure-3 to I.A.No.4461 of 2014 filed for questioning the no confidence motion so passed against the petitioner in the meanwhile. The petitioner seeks permission to question the motion which has been passed during the pendency of the proceedings and since it is an outcome of the requisition which is put to challenge in the writ proceedings, he is permitted to question the same in the present proceeding. I.A.No.4461 of 2014 is thus allowed.