IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.6757 of 2011
AJAY KUMAR SINHA, S/o. Late Tarni Prasad, R/O. At P.O. + P.S. -
Nabi Nagar, District - Aurangabad. .......... Petitioner.
Versus
1. THE STATE OF BIHAR.
2. Principal Secretary, Urban Development cum Housing Department,
Government of Bihar, Patna.
3. The Deputy Secretary cum Director, Urban Development cum
Housing Department, Government of Bihar, Patna.
4. The District Magistrate, Aurangabad.
5. The Nabi Nagar, Municipality through its Executive Officer, Nabi
Nagar, Aurangabad.
6. The Executive Officer, Nabi Nagar Municipality, Nabi Nagar,
Aurangabad.
7. Kapildeo Singh, S/o. Late Ramesh Singh, R/O. Village - Jobe, P.O.
+ P.S. - Nabi Nagar, District - Aurangabad, permanently residing at
Mohalla Bangali Colony, near Police Line P.O. + P.S. + District -
Gaya.
8. The State Election Commission through its Secretary, Sone
Bhawan, Birchand Patel Path, Patna. ....... Respondents.
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02/ 20.04.2011 Heard learned counsel for the petitioner and
learned counsel for the State.
This writ petition has been filed for a direction
to the respondents not to convene the special meeting to
discuss ‘no confidence motion’ against the petitioner till
final decision is taken by the State Election Commission.
Learned counsel for the petitioner submits that
respondent no. 7 having not participated in six consecutive
meetings and hence is disqualified and he has discussed
for ‘no confidence motion’ against the petitioner who is
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the Chairman, Nagar Panchayat, Nabi Nagar,
Municipality.
Learned counsel for the Election Commission,
however, contended that no such direction can be given
when the respondent no. 7 has not been disqualified and
there is only allegation that a petition has been filed and a
requisition has been made for a meeting for ‘no confidence
motion’.
Hence, having regard to the facts and
circumstance, since the respondent no. 7 has not been held
to be disqualified and hence no such order directing him
not to convene the special meeting is either reasonable or
justified.
Hence, I do not find any merit in this writ
petition. However, the petitioner may move the authority
concerned for early disposal regarding the matter
concerning disqualification of the respondent no. 7 before
the Election Commission.
With the aforesaid observations, this writ
petition is disposed of.
Kundan (Gopal Prasad, J.)