IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8577 of 2009 LALAN KUMAR S/O LATE SITARAM SAH, R/O OF MOHALLA- MAKDUMPUR Ward No.5, Sheikhpura PS & DISTT- SHEIKHPURA, PRESENTLY WORKING AS COUNCILLOR OF WARD NO.5 SHEIKHPURA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE,SHEIKHPURA 3. THE DEPUTY CHIEF COUNCILLOR, SHEIKHPURA NAGAR PARISHAD 4. THE B.D.O.-CUM-EXECUTIVE OFFICER,SHEIKHPURA 5. MRS.USHA DEVI THE CHIEF COUNCILLOR,SHEIKHPURA NAGAR PARISHAD---------------------RESPONDENTS. ----------- 2 10.8.2009 Heard learned counsel for the petitioner and learned counsel for the State. Allegation made in the writ application filed on behalf the petitioner that even if the majority of the members present and voting had voted in favour of no confidence, the same was held to have been defeated and the Chief Councillor is allowed to function on the post. I.A. No. 4901 of 2009 has been filed to restrain respondent no.5 from functioning on the post of Chief Councillor and for quashing of that resolution. Admitted position is that there are 27 Ward Members. Though initially 17 of them had brought the resolution for no confidence against their Chief Councillor but when it come down to voting only 12 members stood up for the cause. Meaning thereby that majority did not support the no confidence motion. If that is so, then it can not be said that the majority of the Councillors had supported the vote of no confidence brought against the Chief Councilor. The law being what it is under section 25(4) of Bihar Municipal Act, there is no - 2 - infirmity in the functioning of respondent no. 5. Both the I.A. No. 4901 of 2009 as well as the writ application stands dismissed being devoid of merit. RPS (Ajay Kumar Tripathi,J.)