Laxman Chaurasia vs The State Of Bihar &Amp; Ors on 23 September, 2010

Patna High Court – Orders
Laxman Chaurasia vs The State Of Bihar &Amp; Ors on 23 September, 2010

                     LETTERS PATENT APPEAL No.854 of 2010
                  CIVIL WRIT JURISDICTION CASE NO.12424 OF 2009

                        LAXMAN CHAURASIA               - Appellant
                        THE STATE OF BIHAR & ORS - Respondent(s)
                  Appearance :
                  For the Appellant    : Mr. Prem Kumar Verma
                                         Mr.Krishna Bihari
                                         Mr. Arbind Kumar
                                         Mr. Rajendra Kumar Dubey
                  For The Respondents : Mr. (GP19)
                                         Mr. R.S.Pradhan
                                         Mr. Santosh Kumar
                                         Mr. Pushkar Narayan Shahi
                                         Mr. Nityanand Mishra
                            HONOURABLE MR. JUSTICE JYOTI SARAN

                  ORAL ORDER


2. 23.9.2010. This appeal preferred under Clause 10 of the

Letters Patent arises from the order dated 1st April 2010 made

by the learned Single Judge in C.W.J.C.No.12424 of 2009.

The appellant is the writ petitioner. He was elected

Mayor of Ara Municipal Corporation. He has challenged the

election of the Mayor of the Corporation held on 20th July


It is the case of the appellant that he was elected as

Mayor in the year 2007. Another Mayor could not have been

elected while the appellant was Mayor of the Corporation.

It is alleged that the election of the Mayor was held

on 20th July 2009 on account of the resignation allegedly

tendered by the appellant. The appellant has disputed the

factum of his tendering resignation.

The learned Single Judge dismissed the writ

petition as the appellant did not question the election

programme declared on 7th July 2009; nor did he challenge

the election held on 20th July 2009 for two months thereafter.

Therefore, the present appeal.

Learned Advocate Mr. Prem Kumar Verma has

appeared for the appellant. He has submitted that appellant’s

purported resignation was returned by the Divisional

Commissioner. Thus, even if the resignation were tendered, it

was not operative. In support thereof, he has relied upon

section 25(2) of the Bihar Municipal Act, 2007.

We are not able to accept the arguments advanced

before us. The resignation in question was tendered by the

appellant on 24th June, 2009. The submission that the

Divisional Commissioner did not accept the resignation and

returned it, is fallacious. On 25th June 2009 the resignation

was forwarded for further action, in case it were not

withdrawn within seven days. Admittedly the appellant did

not withdraw the resignation. In view of Section 25(3)(2) of

the Act, it had become effective on expiry of seven days i.e

on 1st July 2009.

In our opinion, the learned Single Judge has rightly

considered the conduct of the appellant and held that the

appellant had indeed tendered the resignation. No case for

interference is made out.

The appeal is dismissed in limine.

(R. M. Doshit, CJ)

(Jyoti Saran, J)

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