IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12523 of 2010 1. AWADHESH YADAV S/O SRI SHAKAR YADAV R/O MOHALLA- MOTI TOLA, P.S. TOWN, DISTT.- BHOJPUR (ARA) Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT-CUM-HOUSING DEPARTMENT, PATNA, BIHAR 2. THE DISTRICT MAGISTRATE-CUM-DISTRICT ELECTION OFFICER (NAGARPALIKA), BHOJPUR, ARA 3. THE CHIEF MUNICIPAL OFFICER, ARA NAGAR NIGAM, BHOJPUR, ARA 4. SMT. SHABNAM PARWEEN W/O MD. SALAHUDDIN R/O WARD NO. 3, P.O. & P.S. ARA TOWN, DISTT.- BHOJPUR (ARA) 5. SRI BHARAT PASWAN S/O NOT KNOWN R/O WARD NO. 1, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 6. SRI RAJENDRA PRASAD S/O NOT KNOWN R/O WARD NO. 2, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 7. SMT. VEENA DEVI W/O NOT KNOWN R/O WARD NO. 4, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 8. SMT. CHANDA DEVI W/O NOT KNOWN R/O WARD NO. 5, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 9. SMT. MALTI DEVI W/O NOT KNOWN R/O WARD NO. 6, P.O. & P.S. ARA TOWN, DISTT.- BHOJPUR (ARA) 10. SMT. ANITA SINGH W/O NOT KNOWN R/O WARD NO. 7, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 11. SMT. ABHA TRIPATHI W/O NOT KNOWN R/O WARD NO. 8, P.O. & P.S. ARA TOWN, DISTT.- BHOJPUR (ARA) 12. SRI SHATISH KUMAR S/O NOT KNOWN R/O WARD NO. 9, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 13. SRI LALLU KUMAR S/O NOT KNOWN R/O WARD NO. 10, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 14. SRI ANIL SINGH S/O NOT KNOWN R/O WARD NO. 11, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 15. SRI DINESH PRASAD S/O NOT KNOWN R/O WARD NO. 12, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 16. SMT. SUMAN DEVI W/O NOT KNOWN R/O WARD NO. 13, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 17. SMT. RADHIKA DEVI W/O NOT KNOWN R/O WARD NO. 14, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 18. SMT. NISHI DEVI W/O NOT KNOWN R/O WARD NO. 15, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 19. SRI JITENDRA SHUKLA S/O NOT KNOWN R/O WARD NO. 16, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 20. SMT. NILAM DEVI W/O NOT KNOWN R/O WARD NO. 17, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 21. SMT. BHAGMANI DEVI W/O NOT KNOWN R/O WARD NO. 18, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 22. SMT. BIMLA DEVI W/O NOT KNOWN R/O WARD NO. 19, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 23. SRI KRISHNA BIHARI SINGH S/O NOT KNOWN R/O WARD NO. 20, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 24. SMT. SHAIL KUMARI DEVI W/O NOT KNOWN R/O WARD NO. 21, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 25. SMT. NASIM BANO W/O NOT KNOWN R/O WARD NO. 22, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 26. SRI SUBODH KUMAR VERMA S/O NOT KNOWN R/O WARD NO. 23, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 27. SRI NAGENDRA KUMAR S/O NOT KNOWN R/O WARD NO. 24, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 28. SMT. SALMA BEGUM W/O NOT KNOWN R/O WARD NO. 25, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 29. SMT. FAMIDA KHATOON W/O NOT KNOWN R/O WARD NO. 26, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 30. SMT. URMILA DEVI W/O NOT KNOWN R/O WARD NO. 28, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 31. SRI ANIL KUMAR S/O NOT KNOWN R/O WARD NO. 29, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 2 32. SMT. ANITA DEVI W/O NOT KNOWN R/O WARD NO. 30, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 33. SMT. PRATIBHA SAHAY W/O NOT KNOWN R/O WARD NO. 31, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 34. SRI SHANKAR PRASAD S/O NOT KNOWN R/O WARD NO. 32, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 35. SRI PREM SHANKAR SINGH S/O NOT KNOWN R/O WARD NO. 33, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 36. SRI SHANKAR RAI S/O NOT KNOWN R/O WARD NO. 34, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 37. SRI SURENDRA PRASAD S/O NOT KNOWN R/O WARD NO. 35, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 38. SRI GOPAL PRASAD S/O NOT KNOWN R/O WARD NO. 36, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 39. SMT. VIDHYAWATI DEVI W/O NOT KNOWN R/O WARD NO. 37, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 40. SRI VIJAY KUMAR CHOUDHARY S/O NOT KNOWN R/O WARD NO. 38, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 41. SMT. PUSHPA SINGH W/O NOT KNOWN R/O WARD NO. 39, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 42. SMT. SUDHA DEVI W/O NOT KNOWN R/O WARD NO. 40, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 43. SRI LAXMAN CHAURASIYA S/O NOT KNOWN R/O WARD NO. 41, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 44. SMT. SHIV KUMARI DEVI W/O NOT KNOWN R/O WARD NO. 42, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 45. SRI JAGDISH SINGH S/O NOT KNOWN R/O WARD NO. 43, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 46. SRI SUNIL KUMAR S/O NOT KNOWN R/O WARD NO. 44, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) 47. SRI RAJNATH RAM S/O NOT KNOWN R/O WARD NO. 45, P.O. & P.S.- ARA TOWN, DISTT.- BHOJPUR (ARA) with CWJC No.17121 of 2010 1. MD. JALALUDDIN KHAN S/O MD. SHAFIQUE KHAN R/O STATION ROAD, PATHAN TOLI, WARD NO.24, P.O. & P.S.- SITAMARHI TOWN, DISTT.- SITAMARHI Versus 1. THE STATE OF BIHAR THE PRINCIPAL SECRETARY URBAN DEVELOPMENT-CUM- HOUSING DEPARTMENT, PATNA, BIHAR 2. STATE ELECTION COMMISSION, SONE BHAWAN, BIRCHAND PATEL PATH, PATNA 3. DISTRICT MAGISTRATE, SITAMARHI 4. THE EXECUTIVE OFFICER, NAGAR PARISHAD, SITAMARHI 5. JAI MUNI DEVI W/O SHRI SHANKAR PRASAD R/O KAPRAUL ROAD, P.S. & DISTT.- SITAMARHI, AT PRESENT CHIEF COUNCELLOR OF NAGAR PARISHAD, SITAMARHI 6. ASHA DEVI W/O SRI NAGESHWAR PRASAD R/O COURT BAZAR, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI 7. SRI SUBHANSH RAI MEMBER OF THE SITAMARHI NAGAR PARISHAD, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI 8. SRI ABHISHEK MISHRA MEMBER OF THE SITAMARHI NAGAR PARISHAD, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI 9. SMT. SAKINA KHATOON MEMBER OF THE SITAMARHI NAGAR PARISHAD, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI 10. SRI YUGESHWAR PASWAN MEMBER OF THE SITAMARHI NAGAR PARISHAD, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI 11. SMT. SUNITA CHOUDHARY MEMBER OF THE SITAMARHI NAGAR PARISHAD, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI 12. SRI JAI KISHORE SAH MEMBER OF THE SITAMARHI NAGAR PARISHAD, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI 13. SMT. INDRA GUPTA MEMBER OF THE SITAMARHI NAGAR PARISHAD, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI 14. SMT. MANJU DEVI MEMBER OF THE SITAMARHI NAGAR PARISHAD, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI 15. SUSHRI PRAMILA KUMARI LOHIA MEMBER OF THE SITAMARHI NAGAR PARISHAD, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI 3 16. SRI DHANANJAY KUMAR MEMBER OF THE SITAMARHI NAGAR PARISHAD, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI 17. SRI SANJAY KUMAR MEMBER OF THE SITAMARHI NAGAR PARISHAD, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI 18. SRI SHATRUGHAN GUPTA MEMBER OF THE SITAMARHI NAGAR PARISHAD, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI 19. SRI AMAR NATH PRASAD MEMBER OF THE SITAMARHI NAGAR PARISHAD, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI 20. SMT. LALITA DEVI MEMBER OF THE SITAMARHI NAGAR PARISHAD, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI 21. SRI SANJAY KUMAR MEMBER OF THE SITAMARHI NAGAR PARISHAD, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI 22. SMT. SARSWATI DEVI MEMBER OF THE SITAMARHI NAGAR PARISHAD, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI 23. SRI PRAMOD KUMAR SINGH MEMBER OF THE SITAMARHI NAGAR PARISHAD, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI 24. SMT. RAM DULARI DEVI MEMBER OF THE SITAMARHI NAGAR PARISHAD, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI 25. SRI VIJAY KUMAR MISHRA MEMBER OF THE SITAMARHI NAGAR PARISHAD, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI 26. SRI MANOJ KUMAR MEMBER OF THE SITAMARHI NAGAR PARISHAD, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI 27. SRI ARUN KUMAR RAI MEMBER OF THE SITAMARHI NAGAR PARISHAD, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI 28. SMT. SAROJ DEVI MEMBER OF THE SITAMARHI NAGAR PARISHAD, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI 29. SMT. KISHWAR SULTANA MEMBER OF THE SITAMARHI NAGAR PARISHAD, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI 30. SRI RAMANEK SINGH MEMBER OF THE SITAMARHI NAGAR PARISHAD, SITAMARHI, P.O. & P.S.- SITAMARHI, DISTT.- SITAMARHI ----------- For the Petitioners: Mr. Y. V.Giri,Sr.Advocate with Mr. Raju Giri, Advocate For the Commisasion: M/s Sanjeev Nikesh, Sanjay Kumar & Surendra Kumar Choudhary, Advocates For the State : Mr. Ravi Kumar, AC to G.A. 2 For Sitamarhi Municipality : Ms Sushmita Mishra,Advocate For Ara Municipalty: Mr. Santosh Kumar, Advocate For Pvt.Respondents: Mr.Basant Kumar Choudhary,Sr.Advocate M/s Brajesh Pd Gupta, S.A.N.Warsi, Nityanand Mishra, Advocates ----------- 7. 10.05.2011 Heard learned Counsel for the petitioners, the State and for the appearing private respondents. These two writ applications raise a pure question of law for adjudication with regard to the interpretation of Section 25(4) of the Bihar Municipal Act, 2007. Rule 25 reads as follows:- “25. Removal of Chief Councillor/Deputy Chief Councillor:- (1) The Chief Councillor/Deputy Chief Councillor shall cease to hold office as such if he ceases to be a Councillor. (2) The Chief Councillor may resign his office by writing under his hand address to the Divisional Commissioner and Deputy Chief Councillor may resign his office by writing under his hand addressed to the Chief Councillor. (3) Every resignation under sub-section (2) shall take effect on the expiry of seven days from the date of such resignation, 4 unless within the said period of seven days he withdraws such resignation by writing under his hand addressed to the Divisional Commissioner or the Chief Councillor, as the case may be. (4) The Chief Councillor/Deputy Chief Councillor may be removed from the office by a resolution carried by a majority of the whole number of Councillors holding office for the time being at a specials meeting to be called for this purpose in the manner prescribed, upon a requisition made in writing by not less than one-third of the total number of Councillors, and the procedure for the conduct of business in the special meeting shall be such as may be prescribed: “Provided that a no confidence motion shall not be brought against the Chief Councillor/Deputy Chief Councillor within a period of two years of taking over the charge of the post: Provided further that a no confidence motion shall not be brought again within one year of the first no confidence motion: Provided further that a no confidence motion shall not be brought again within one year of the first no confidence motion: Provided further also that no confidence motion shall not be brought within the residual period of six months of the municipality. (5) “Without prejudice to the provisions under this Act, if, in opinion of the Divisional Commissioner having territorial jurisdiction over the Municipality the Chief Councillor/Deputy Chief Councillor absents himself without sufficient cause for more than three consecutive meetings or sittings or willfully omits or refuses to perform his duties and functions under this Act, or is found to be guilty of misconduct in the discharge of his duties or becomes physically or mentally incapacitated for performing his duties or is absconding being an accused in a criminal case for more than six months, the Divisional Commissioner may, after giving the Chief Councillor/Deputy Chief Councillor a reasonable opportunity for explanation, by order, remove such Chief Councillor from office. (6) The Chief Councillor/Deputy Chief Councillor so removed shall not be eligible for re-election as Chief Councillor/ Deputy Chief Councillor or Councillor during the remaining term of office of such Municipality. Appeal shall lie before the State Government against the order of the Divisional Commissioner.” The Court therefore proposes to take note of the facts only to the extent necessary for proper interpretation of the statutory provision. It is not in dispute that the two petitioners came to the office as Chief Councillor after an election in pursuance of the earlier elected Chief Councillor having vacated the office during his tenure. Learned Counsel for the petitioners submitted that under the first proviso to Section 25(4) the no confidence motion against the Chief 5 Councillor could not be brought within a period of two years from the date of his taking over the office. After two years if a no confidence motion, was moved and was unsuccessful the fresh no confidence motion could not be brought within a period of next one year. This interpretation shall apply to the new incumbent Chief Councillor also to be reckoned afresh from the date of his assuming office and not in continuation of the original Chief Councillor so as to enable a no confidence motion to be brought against the new Chief Councillor within a period of one year from his assuming office. Learned Counsel for the State supported the argument of the petitioners relying upon a government order dated 28.12.2010. Learned Counsel for the private respondents have emphasized that the very purpose of Section 25(4) was to provide stability to the elected office. The protection had therefore to be confined to the first Chief Councillor so elected only. Otherwise if a Chief Councillor originally appointed vacates the office just before expiry of two years, the new incumbent would have an unfettered continuance for another two years. This would virtually complete the five years period of the elected office rendering the right of the members to table a no confidence motion, against him illusory. Therefore the no confidence motion against the new incumbent could be brought within a period of one year from the date of his taking over the office if he was not the incumbent on the post by original election. Chapter IV of the Act was a complete code providing for election of the Chief Councillor and Deputy Chief Councillor, their taking of oath, removal etc. It needs no reiteration that the first Rule of Interpretation is the literal Rule. If the language of the statute is plain and unambiguous it has to be given its normal meaning as may be understood on the bare reading of the of the Rule unless normal reading leads to absurd interpretation stultifying the Rule itself. Any interpretation of a statutory 6 provision has to be purposive in nature advancing the purpose of the Rule rather than an interpretation which stultify the Rule and defeat the very purpose for which the provision has been made. Learned Counsel for the respondents has rightly submitted that the purpose of Rule 25(4) was to provide stability to the tenure of the Chief Councillor so as to allow democracy to function. If the tenure was precarious the elected person would be more concerned about protecting his office rather than devoting himself to duty. The Court does not find any words in the section restricting its operation to the incumbent appointed as a Chief Councillor after the first election only. If the purpose was to provide security of tenure to the first incumbent, has the second incumbent to be left out from that protection providing him no security of tenure when he may be more fruitfully engaged in protecting his chair only. If the purpose was to lend security of tenure to the first incumbent there has to be cogent purposive reasons not to provide that security to the next incumbent. If the first incumbent could not be subjected to no confidence motion for two years, and after two years no confidence motion tabled was unsuccessful he has security of tenure for one more year. That is the reasonable and literate interpretation of the Section possible. If he has to be provided a security of virtually three years in the aforesaid manner, circumstances so warranting, it appears difficult to give an interpretation that the new incumbent after the original vacates office shall have a limited protection of one year only and that successive no confidence motion could be tabled against such person every one year irrespective of the consequence and the turmoil in the functioning of the democratic body. That is an interpretation which is not purposive and shall stultify the entire purpose of the Law. The court holds that an incumbent who occupies the post of Chief Councillor after the original Chief Councillor vacates shall also 7 have the protection for further two years from date of his assuming the office before a no confidence motion could have been brought against him. Depending on the outcome of this no confidence motion, a fresh no confidence motion cannot be brought against the new incumbent for the next one year thereafter. The notice dated 6.8.2010 in CWJC No. 12523 of 2010 and the notice dated 4.10.2010 in CWJC No. 17121 of 2010 for no confidence motion are accordingly set aside. The writ applications are allowed. Snkumar/- (Navin Sinha,J.)