IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 12338 of 2009 1 Geeta Devi, wife of Sri Dilip Kumar, resident of Mohalla – Telia Tola, Hisua, P O and P S – Hisua, District – Nawada, the Ex Chief Councillor of Nagar Panchayat, Hisua, District – Nawada 2 Ram Karan Paswan, son of Sri Hari Paswan, resident of Mohalla – Naua Baghi, Hisua, P O and P S – Hisua, District – Nawada, the Ex Deputy Chief Councillor of Nagar Panchayat, Hisua, District – Nawada -Petitioners Versus 1 The State of Bihar 2 The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna 3 The District Magistrate, Nawada, District – Nawada 4 The Executive Officer, Nagar Panchayat, Hisua –cum- Block Development Officer, Hisua, P O & P S – Hisua, District – Nawada 5 Smt Indu Devi 6 Smt Manju Devi 7 Sri Ashok Kumar 8 Kumari Sneh Lata 9 Smt Basanti Devi 10 Smt Kiran Sharma 11 Smt Sharmila Devi 12 Smt Shobha Devi 13 Sri Raj Kapoor Raut 14 Smt Sunita Devi 15 Sri Ashok Chaudhary 16 Sri Gaya Prasad 17 Sri Santosh Kumar 18 Sri Gopal Chaudhary 19 Sri Pawan Kumar Gupta, 5 to 19 are the Ward Councillors of Nagar Panchayat, Hisua, P O & P S – Hisua, District – Nawada -Respondents ----------- 4 05.03.2010 By this writ application, the Chief Councillor and the Deputy Chief Councillor question the motion of no confidence as moved against them. 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, Nawada 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 2 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 petition is, thus, allowed. However, it will not come in way of the Councillors to 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)