IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12523 of 2010 AWADHESH YADAV Versus THE STATE OF BIHAR & ORS -----------
2. 09-08-2010 1. Heard learned counsel for the State of Bihar and its
authorities, learned counsel for the Ara Nagar Nigam (Respondent
no. 3), learned counsel for the Respondent no. 15 and learned
counsel for the Respondent no. 44.
2. IA No. 7018/10 has been filed on behalf of the
petitioner for adding two reliefs made in the first paragraph of the
writ petition: (i) to issue an appropriate writ/order/direction in the
nature of Certiorari for quashing letter dated Nil addressed to the
Municipal Commissioner, Ara Nagar Nigam by which the
requisitionists in purported exercise of power under Section 48(3)
of the Bihar Municipal Act, 2007 have fixed the date of special
meeting of no-confidence motion as 10-08-2010 and (ii) to further
issue an appropriate writ/order/direction in the nature of Certiorari
for quashing the notice issued by the Municipal Commissioner, Ara
Nagar Nigam, as contained in Letter No. 2001 dated 6.08.2010 by
which the petitioner along with other councillors were informed that
the date of special meeting of no-confidence motion is fixed on 10-
08-2010 at 11:00 A.M. (Annexures 5 & 6). Considering the facts
and circumstances, as well as reliefs sought in the writ petition, this
interlocutory application is allowed. Let the said two reliefs be
added to the reliefs claimed by the petitioner.
3. I.A. No. 6863 of 2010 has been filed by the petitioner
for directing the Chief Municipal Officer, Ara Nagar Nigam,
(Respondent no. 3) not to issue notice of the special meeting of no-
confidence motion, if the meeting of no-confidence motion is fixed
by the requisitionists.
4. Learned counsel for the petitioner is directed to serve
copies of the interlocutory application bearing I.A. No. 6863 of
2010 upon learned counsel for Respondent no. 15 as well as learned
counsel for Respondent no. 44 along with copies of the writ
petition, within two days failing which the said interlocutory
application shall stand automatically rejected.
5. Issue notices to the remaining private respondents in
the admission matter as well as in the aforesaid stay matter for
which requisites must be filed by Wednesday i.e. 11.08.2010 under
ordinary process as well as registered cover with A/D, failing which
the said interlocutory application shall stand automatically rejected.
6. Put up this case under the same heading, within top ten
cases immediately after the receipt of the service report.
7. In the mean time no meeting of the councillors of Ara
Nagar Nigam, Ara for No-Confidence Motion against the petitioner,
shall be held in consequence of requisition dated 30-07-
2010(Annexure-5). Learned counsel for the Respondents, learned
counsel for the State and learned counsel for the Ara Nagar Nigam,
Ara shall inform the concerned authorities regarding this order.