- (1.) In this writ application, the petitioner has challenged a notice of special meeting bearing No. 354/1/25/KM dated 25th March, 2011 issued by three Councilors of Kulti Municipality being the respondent Nos. 11, 12 and 19. On or about 2nd March, 2011 some Councilors of Kulti Municipality served a notice on the Chairman of the Kulti Municipality, the contents whereof are extracted here in below:-- We more than one third of undersigned elected Councilors of Kulti Municipality do hereby serve notice upon you under section 18(3) of the West Bengal Municipal Act, 1993 that we lost confidence on you as the Chairman of Kulti Municipality. Accordingly, we request you to convene a special meeting immediately as per the provision of West Bengal Municipal Act, 1993 to establish the No Confidence on you. Thanking you.
(2.) Meetings of Municipality are governed by provisions of Chapter-Ill of the West Bengal Municipalities (Procedure and Conduct of Business) Rules, 1995.
(3.) The relevant provisions of 1995 rules are set out here in below for convenience:-- 7. Meeting and its validity.--(1) Meetings of the Municipality may be: (a) ordinary meetings; or (b) extraordinary meetings. 2) A meeting of the Municipality shall be deemed to have been duly held when: (a) the meeting is duly convened; (b) there is necessary quorum; (c) the meeting is held within the municipal premises; (d) the meeting, is presided over by a person authorized under the Act and these rules; and (e) the proceedings of the meeting are duly recorded. 8. Ordinary meetings.--(1) The Chairman or in his absence, the Vice-Chairman shall convene a meeting of the Municipality for the transaction of normal business not less than once in every month. 2) if there is no business to be laid before the members at any such meeting the Chairman or, in his absence, the Vice Chairman shall, instead of convening the meeting, give notice of the fact to each member at least three days before the date appointed for the meeting. 3) Seven days' notice to the members shall be necessary for such meeting. 4) The Councilors may, at a meeting, fix the date or dates and time for holding the next meeting or meetings. 9. Extraordinary meeting.--(1) In an extraordinary meeting, no matter, other than the one for which the meeting has been convened, shall be discussed. Such meetings may be- (a) an emergent meeting; or (b) a special meeting. 2) An emergent meeting for transaction of business of an emergent nature, may be convened, at any time, by the Chairman or, in his absence, the Vice-Chairman, after twenty-four hours' notice to the members. 3) (a) A special meeting may be convened by the Chairman or, in his absence, by the Vice-Chairman suo motu after giving not less than three days' notice to the members. (b) A special meeting may also be convened after giving not less than three days' notice to the members, on a requisition containing specifically the agenda and signed by not less than one-third of the total number of. Councilors of the Municipality, by- (i) the Chairman, within fifteen days from the date of receipt of such requisition or, on his failure to do so, (ii) the Vice-Chairman within seven days thereafter or, on his failure to do so, or (iii) any three of the Councilors of the Municipality within further seven days thereafter. (c) Notwithstanding anything contained in these rules, if the situation so demands owing to stalemate condition prevailing in the functioning of the Municipality, the Officer may, in the interest of public service, convene a special meeting of the Municipality with at least three days' notice to the members, specifying the agenda and venue of the meeting.;