URMILA DEVI Vs. THE STATE OF BIHAR
LAWS(PAT)-2017-11-32
HIGH COURT OF PATNA
Decided on November 02,2017

URMILA DEVI Appellant
VERSUS
THE STATE OF BIHAR Respondents

JUDGEMENT

AHSANUDDIN AMANULLAH,J. - (1.) Heard learned counsel for the petitioner; State; State Election Commission and learned counsel for the respondent no. 11, who is one of the requisitionists, and has suo motu appeared.
(2.) The petitioner has moved the Court for the following reliefs: " (i) To issue an appropriate writ/order/direction in the nature of certiorari for quashing the requisition filed on 11.10.2017 in the office of Nagar Panchayat Parsa Bajar by which 15 elected members of the Nagar Panchayat have made a requisition addressed to the petitioner to convene a special meeting of Nagar Panchayat, Parsa Bajar and to consider no confidence motion against the petitioner, (as contained in Annexure-2). (ii) To issue an appropriate writ/order/direction in the nature of certiorari for quashing the notice dated 23.10.2017 contained in letter No. 495 issued under the signature of respondent no. 4 whereby and whereunder the respondent No. 4 has been pleased to issue notice to the elected member/ward councilors of the Nagar Panchayat, Parsa Bajar for convening the special meeting for considering no confidence motion against the petitioner no. 03.11.2017 who is the chief councilor (As contained in annexure-4). (iii) To issue an appropriate writ/order/direction in the nature of mandamus to declare and hold that if the law requires a particular thing to be done in a particular manner, it has to be done in the manner prescribed in accordance with law or not at all, in so far as it relates to convening special meeting for holding no confidence motion against the petitioner. (iv) To issue an appropriate writ/order/direction in the nature of certiorari for quashing the notice dated 23.10.2017 (Anneuxre-4) whereby and where under the respondent no. 4 has been pleased to issue notice to the elected members/ward concilors of the Nagar Panchayat Parsa Bajar for convening the special meeting under Sec 48 (3) of the Bihar Municipality Act 2007 taking into note that in the service report it has been mentioned that on 17.10.2017 the petitioner (chief councilor) has refused to receive the notice (requisition) without expiry of 7 days time. (v) To any other relief or reliefs for which the petitioner is found to be entitled in the facts and circumstances of the case."
(3.) In sum and substance, the grievance of the petitioner is that she being the Chief Councillor of the Nagar Panchayat, Parsa Bajar in the district of Saran, a requisition for convening a Special Meeting for considering 'No Confidence Motion' against her not being served on her, a date has been fixed by the requistionists themselves, which is tomorrow i.e., 3rd November, 2017 at 11:00 A.M.;


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