IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 8092 of 2009 Asha Devi, wife of Sri Nageshwar Prasad, resident of village – Court Bazar, Sitamarhi, P O and P S – Sitamarhi, District – Sitamarhi, presently the Vice Chairman of Nagar Parishad, Sitamarhi - Petitioner Versus 1 The State of Bihar 2 The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna 3 The District Magistrate, Sitamarhi, District – Sitamarhi 4 The Executive Officer, Nagar Parishad, Sitamarhi, District – Sitamarhi 5 Smt Jai Munni Devi, wife of Sri Shankar Prasad, resident of Kaparaul Road, Sitamarhi, P O & P S – Sitamarhi, District – Sitamarhi, presently the Chairman of Sitamarhi Nagar Parishad, Sitamarhi, District – Sitamarhi 6 Sri Subansh Rai 7 Sri Abhishek Mishra 8 Smt Sakina Khatoon 9 Sri Yugeshwar Paswan 10 Smt Sunita Choudhary 11 Sri Jai Kishore Sah 12 Smt Indra Gupta 13 Smt Manju Devi 14 Sushri Pramila Kumari Lohia 15 Sri Dhananjay Kumar 16 Sri Sanjay Kumar 17 Sri Shatrughan Gupta 18 Sri Amar Nath Prasad 19 Smt Lalita Devi 20 Sri Sanjay Kumar 21 Smt Saraswati Devi 22 Sri Pramod Kumar Singh 23 Smt Ram Dulari Devi 24 Sri Vijay Kumar Mishra 25 Sri Manoj Kumar 26 Md Jalaluddin Khan 27 Sri Arun Kumar Rai 28 Smt Saroj Devi 29 Smt Kishwar Sultana 30 Sri Ramanek Singh, 6 to 30 are the Members of the Sitamarhi Nagar Parishad, Sitamarhi through the Executive Officer, Sitamarhi Nagar Parishad, Sitamarhi, P O & P S – Sitamarhi, District – Sitamarhi 31 The State Election Commission, Bihar, Patna 32 The Secretary of State Election Commission, Bihar, Patna -Respondents WITH CWJC No 7540 of 2009 Jai Muni Devi, wife of Shri Shankar Prasad, resident of Kapraul Road, P S & District – Sitamarhi, at present Chief Councillor of Nagar Parishad, Sitamarhi -Petitioner 2 Versus 1 The State of Bihar 2 Executive Officer, Nagar Parishad, Sitamarhi 3 District Magistrate, Sitamarhi 4 Subdivisional Officer, Sitamarhi Sadar 5 Panchayati Raj Officer, Sitamarhi 6 Secretary, Nagar Vikas & Awas, Government of Bihar, Patna -Respondents 01st Party 7 Smt Indra Gupta, wife of Shri Yugal Kishore Prasad, resident of Ward No 7, Sitamarhi 8 Arun Kumar Rai, son of Shri Jitendra Rai, resident of Ward No 25, Sitamarhi 9 Smt Sakeena Khatoon, wife of Md Mustaq, resident of Ward No 3, Sitamarhi 10 Dhananjay Kumar, son of Shri Baiju Sah, resident of Ward No 11, Sitamarhi 11 Amarnath Gupta, son of Shri Ram Chandra Prasad, resident of Ward No 15, Sitamarhi 12 Sanjay Kumar Mahajan, son of shri Nandlal Sah, resident of Ward No 17, Sitamarhi, all are Councillors of Nagar Parishad, Sitamarhi-Respondents 02nd Party ----------- 7 05.03.2010 In these two writ petitions, the validity of removal of the petitioners who are Deputy Chief Councillor and Chief Councillor respectively is in question. They have been removed following the procedure as prescribed by the State Government in its Circular No 62 dated 22.06.2009. The meeting was called for by the District Magistrate, Sitamarhi and was presided by him. This Court, in the case of Pawan Kumar Purvey –Versus- State of Bihar & Others since reported in 2010 (1) PLJR 272 has already held the said Circular to be without authority of law and held that action held thereunder or pursuant thereto are invalid in law. In that view of the matter, I have no option but to hold that the so-called no confidence motion is invalid in law and cannot be acted upon. The writ petitions are, thus, allowed. However, it will not come in way of the Councillors to 3 bring about a fresh no confidence motion, if they so feel like which would be taken up in accordance with the Bihar Municipal No Confidence Rules, 2010 which has been recently promulgated by the State Government. M.E.H./ (Navaniti Prasad Singh)