IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6757 of 2011 AJAY KUMAR SINHA, S/o. Late Tarni Prasad, R/O. At P.O. + P.S. – Nabi Nagar, District – Aurangabad. ………. Petitioner. Versus 1. THE STATE OF BIHAR. 2. Principal Secretary, Urban Development cum Housing Department, Government of Bihar, Patna. 3. The Deputy Secretary cum Director, Urban Development cum Housing Department, Government of Bihar, Patna. 4. The District Magistrate, Aurangabad. 5. The Nabi Nagar, Municipality through its Executive Officer, Nabi Nagar, Aurangabad. 6. The Executive Officer, Nabi Nagar Municipality, Nabi Nagar, Aurangabad. 7. Kapildeo Singh, S/o. Late Ramesh Singh, R/O. Village – Jobe, P.O. + P.S. – Nabi Nagar, District – Aurangabad, permanently residing at Mohalla Bangali Colony, near Police Line P.O. + P.S. + District – Gaya. 8. The State Election Commission through its Secretary, Sone Bhawan, Birchand Patel Path, Patna. ……. Respondents. ----------- 02/ 20.04.2011 Heard learned counsel for the petitioner and learned counsel for the State. This writ petition has been filed for a direction to the respondents not to convene the special meeting to discuss ‘no confidence motion’ against the petitioner till final decision is taken by the State Election Commission. Learned counsel for the petitioner submits that respondent no. 7 having not participated in six consecutive meetings and hence is disqualified and he has discussed for ‘no confidence motion’ against the petitioner who is 2 the Chairman, Nagar Panchayat, Nabi Nagar, Municipality. Learned counsel for the Election Commission, however, contended that no such direction can be given when the respondent no. 7 has not been disqualified and there is only allegation that a petition has been filed and a requisition has been made for a meeting for ‘no confidence motion’. Hence, having regard to the facts and circumstance, since the respondent no. 7 has not been held to be disqualified and hence no such order directing him not to convene the special meeting is either reasonable or justified. Hence, I do not find any merit in this writ petition. However, the petitioner may move the authority concerned for early disposal regarding the matter concerning disqualification of the respondent no. 7 before the Election Commission. With the aforesaid observations, this writ petition is disposed of. Kundan (Gopal Prasad, J.)