IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1407 of 2010 In CWJC No. 9346 of 2010 With I.A. No. 7917 of 2010. ================================================ 1. Sabnam Ara, W/o Nurullah Khan, R/o Azam Road, Ward No. 9, District – Raxaul, 2. Salma Khatun, W/o Mazid Miya, R/o Avikhatola, Ward No. 7, 3. Ashok Agrawal, S/o Late Brij Lal Agrawal, R/o Naga Road, Ward No.11, 4. Shakuntala Devi, W/o Suresh Prasad, R/o Aryasamaj Road, Ward No. 10, 5. Vijay Sah, S/o Babu Lal Sah, R/o Pipra Ghat Road, Ward No.22, 6. Anita Singh, W/o Subodh Singh, R/o Tumdiya Tola, Ward No. 02, 7. Shubhra Devi @ Smt. Subhadra Devi, W/o Ashok Singh, R/o Main Road Koiriya Tola, Ward No. 23, 8. Shakil Ahmad, S/o Shekh Sarfuddin, R/o Islampur, Ward No. 8, 9. Gunjan Anil, W/o Anil Sinha, R/o Block Road, Ward No. 16, 10. Nathu Prasad, S/o Gitalal Sah, R/o Lohapatti, Ward No. 12, 11. Suresh Kumar @ Suresh Chandravansi, S/o late Bhuwneshwar Raut, R/o Block Road, Ward No. 18, 12. Ajay Sah, S/o Hira Sah, R/o Mauze Raxaul, Ward No. 20, 13. Manoj Paswan, S/o Bishwanath Paswan, R/o Mauze Raxaul, Ward No. 14, 14. Amul Nesha, W/o Mukhtar Alam, R/o Parewa, Ward No. 17, 15. Purusottam Kumar @ Prushottam Giri, S/o Nandlal Prasad, R/o Dakan Road, Ward No. 4, 16. Dilip Raut, S/o Devraj Raut, R/o Dankan Road, Sundarpur, Ward No. 5, 17. Bishwanath Sah, S/o late Khublal Sah, R/o Parewa, Ward No. 1, 18. Kashinath Prasad, S/o Late Shiv Prasad Sah, R/o Mauze, Ward No. 13, All residents of At, P.O. & P.S. Raxaul, District – East Champaran ……………………………. Respondents / Appellants Versus 2 1. The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, 2. The Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna, 3. The District Magistrate, East Champaran, Motihari . 4. The Executive Officer, Nagar Parishad Raxaul, District East Champaran, Motihari …………… Respondents/Respondents 1st Set, 5. Pramod Singh, Ward No. 6, 6. Poonam Giri, W/o Vijay Giri, R/o Tumdiya Tola, Ward No. 3, Raxaul, 7. Urmila Devi, W/o Vijay Giri, Block Road, Ward No. 19, Raxaul, 8. Sona Lal Prasad, R/o Koiriya Tola, Ward No. 24, Raxaul, 9. Sohdari Devi, W/o Sonalal Prasad, R/o Koiriya Tola, Ward No. 25, Raxaul, 10. Shanti Devi, W/o Raj Kishore, Mauze, Ward No. 15 (All residents of At, P.O. & P.S. Raxual, District East Champaran) ………………………………………… Respondents / Respondents, 11. Om Prakash Gupta, S/o Sitaram Sah, R/o Babal Bazar, Ward No. 21 (All residents of At, P.O. & P.S. Raxaul, District – East Champaran) …………………….……….. Petitioner / Respondent, 12. The State Election Commission, Bihar through the Secretary, State Election Commission, Bihar ….. Respondents / Respondents. ================================================ Appearance: For the appellants: Mr Yogendra aMishra and Mr Md. Shahnawaz Ali, Advocates. For the State: Mr Anil Kumar, G.P. XI. For respondent no.11: Mr Y.V. Giri, Sr. Advocate, Mr Indu Bhushan and Mr Raju Giri, Advocates. For the State Election Commission: Mr Sanjeev Nikesh, Advocate. =============================================== CORAM: HONOURABLE THE CHIEF JUSTICE AND HONOURABLE MR JUSTICE JYOTI SARAN ORAL ORDER 3 (Per : HONOURABLE THE CHIEF JUSTICE) 3. 17.09.2010. Re. LPA No. 1407/2010 with I.A. No.7917/2010. This Appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 17.08.2010 passed by the learned single Judge in CWJC No. 9346 of 2010. The subject matter of dispute is with regard to the No Confidence Motion taken out by the Councillors of the Raxaul Nagar Parishad against the Chief Councillor Sri Om Prakash Gupta, the writ petitioner, the respondent no. 11 herein. It is the complaint of the appellants that since the impugned direction issued by the learned single Judge, the Councillors have passed fresh resolution on 19.08.2010 to take out No Confidence Motion against the Chief Councillor – the writ petitioner. The Chief Councillor, however, has avoided to receive the requisition and has, thus, been avoiding the No Confidence Motion proposed against him. He has been continuing as Chief Councillor though other Councillors have lost confidence in him. We are of the opinion that the ends of justice will be met if the writ petitioner is directed to receive the requisition for No Confidence Motion passed on 19.08.2010 and to hold the meeting in consonance with the Bihar Municipal No Confidence Motion Process Rules, 2010. Learned Senior Advocate Mr Y.V. Giri appears for the writ petitioner. He agrees that the writ petitioner 4 shall receive the requisition for No Confidence Motion passed on 19.08.2010 at his office at Raxaul on Monday, the 20th September 2010 during the office hours between 10.30 A.M. and 1.30 P.M. He also agrees that the writ petitioner shall call for the meeting as envisaged by the aforesaid Rules of 2010 and shall hold the meeting not later than 11th October 2010. Learned Advocate Mr Yogendra Mishra has appeared for the appellants. He states that the appellants will serve the requisition dated 19.08.2010 upon the writ petitioner on Monday, the 20th September 2010 in his office at Raxaul between 10.30 A.M. and 1.30 P.M. We clarify that in the event the writ petitioner is not available at his office at Raxaul on Monday, the 20th September 2010, as aforesaid, or does not receive the requisition, the requisition dated 19.08.2010 will be deemed to have been served upon the writ petitioner. The necessary consequences shall follow. Subject to the above direction, the Letters Patent Appeal and the Interlocutory Application are disposed of. Dilip ( R.M. Doshit, CJ ) ( Jyoti Saran, J )