IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11458 of 2009 SHASHI DEVI, wife of Sri Pradip Purve, resident of Mohalla – Laxmipuri, Ward No.17, Police Station – Rosera, District – Samastipur, at present the Ward Councillor of Ward No.18, Nagar Panchayat, Rosera __________Petitioner Versus 1. THE STATE OF BIHAR represented through the Chief Secretary, Bihar, Patna. 2. The District Magistrate, Samastipur. 3. The Commissioner, Bihar State Election Commission, Bihar, Patna. 4. The Executive Officer, Rosera Nagar Panchayat, Rosera, District – Samastipur. 5. Smt. Renu Devi, Chief Councillor, W/o Sri Arvind Kumar Sahani, Councillor, Ward No.14, Rosera Nagar Panchayat, Rosera, District – Samastipur. 6. Sanjiv Kumar Pradhan, son of Sri Yogendra Pradhan, Deputy Chief Councillor, Ward No.8 Nagar Panchayat, Rosera, District – Samastipur. 7. Sri Ishwar Kumar Sahani son of late Ram Prasad Sahani, Councillor, Ward No.1, Nagar Panchayat, Rosera, Dist. Samastipur. 8. Sri Kapildeo Sahani, son of late Laddu lal Sahani, Councillor, Ward No. 2, Nagar Panchayat, Rosera, District – Samastipur. 9. Smt. Shobha Devi, wife of Sri Ajeet Sharma, Councillor, Ward No.3, Nagar Panchayat, Rosera, District – Samastipur. 10. Smt. Manju Devi, wife of Ram Dular Sharma, Councillor, Ward no.4, Nagar Panchayat, Rosera, District – Samastipur. 11. Sri Kailash Paswan, son of late Badri Paswan, Councillor, Ward No.5, Nagar Panchayat, Rosera, District – Samastipur. 12. Sri Md. Abdul Gaffar, son of late Nur Mohamad, Councillor, Ward No. 6, Nagar Panchayat, Rosera, District – Samastipur. 13. Sri Suresh Sahani, son of Sri Mahabir Sahani, Councillor, Ward No.7, Nagar Panchayat, Rosera, District – Samastipur. 14. Sri Satyendra Kumar Nayak, son of late Mushai Nayak, Coucillor, Ward No.9, Nagar Panchayat, Rosera, District – Samastipur. 15. Sri Bharat Mandal, son of late Surya Narayan Mandal, Councillor, Ward no.11, Nagar Panchayat, Rosera, District – Samastipur. 16. Smt. Renu Devi, wife of Sri Sudhir Prasad, Councillor, Ward No.13, Nagar Panchayat, Rosera, District – Samastipur. 17. Smt. Meera Devi, wife of Sri Shyam Babu Singh, Ward No.15, Nagar Panchayat, Rosera, District – Samastipur. 18. Smt. Urmila Devi, wife of Sri Rajendra Sahani, Councillor, Ward No. 16, Nagar Panchayat, Rosera, District – Samastipur. - 2 - 19. Smt. Krishna Devi, wife of Shri Shambhu Paswan, Councillor, Ward no.17, Nagar Panchayat, Rosera, District – Samastipur. 20. Smt. Shashi Devi, wife of Pradeep Kumar Purve, Councillor, Ward No.18, Nagar Panchayat, Rosera, District – Samastipur. ____________ Respondents ----------- For the petitioner : Mr. Shivaji Pandey, Senior Advocate. For respondent no.4 : Mr. Chakradhari Sharan Singh. For the State Election Commission : Mr. S Nikesh. For respondents No.1 & 2 -: Mr. Sunil Kumar, AC to GA 4. --------- 02. 07.09.2009 Section 25(4) of the Bihar Municipal Act, 2007 reads as under: “The Chief Councillor /Deputy Chief Councillor may be removed from office by a resolution carried by a majority of the whole number of Councillors holding office for the time being at a special 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 against 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.” The section being unambiguous then what was required to be done to succeed in a special meeting, held for a no confidence motion, was to get majority of the whole number of Councillors. The - 3 - fact is that only 8 persons voted in favour of the motion whereas the minimum number required is 9. There is absolutely nothing wrong if the District Magistrate has recorded that motion stood rejected due to lack of majority. Submission of the senior counsel representing the petitioner is that it should be majority of present and voting. This Court has difficulty in accepting such a proposition in view of the clear and unambiguous provision of the statute. The writ application is dismissed. rkp (Ajay Kumar Tripathi, J)