IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1003 of 2010 1. AJAY KUMAR BAITHA S/O SHRI VISHWANATH BAITHA R/O VILL+P.O. AJGARWA, P.S. PAKARIDAYAL, DISTT. EAST CHAMPARAN VERSUS 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY DEPTT. OF PANCHAYAT RAJ, BIHAR, PATNA 3. THE DISTRICT MAGISTRATE EAST CHAMPARAN, MOTIHARI 4. THE DISTRICT PANCHAYAT RAJ OFFICER EAST CHAMPARAN, MOTIHARI 5. THE CHIEF EXECUTIVE OFFICER-CUM-DY. DEVELOPMENT COMMISSIONER ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 6. THE STATE ELECTION COMMISSION, REPRESENTED THROUGH ITS CHIEF ELECTORAL OFFICER SONE BHAWAN, 5TH FLOOR, BEER CHAND PATEL PATH, PATNA-800001 7. SMT. MANJU DEVI W/O SHRI UPENDRA PRASAD R/O VILL- MISRAULIYA, P.S. CHIRAIYA, DISTT. EAST CHAMPARAN, CHAIRMAN, ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI, ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 8. BISHWANATH SINGH S/O SHRI LAXMI NARAIN SINGH R/O VILL- LOKSA, P.S. MUFFASIL, P.O. ROOPDISH, DISTT. EAST CHAMPARAN, ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 9. SHRI SURESH PRASAD S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 10. SHRI SURESH PRASAD S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 11. MD. AINULLAH S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 12. SHRI ACHELAL PASWAN S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 13. SYED NASIM AKHTAR S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 14. SHRI BASUDEO RAM S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 15. SHRI KRISHNA KANT MISHRA S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 16. MD. YAHYA KHAN S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 17. SHRI NARAYAN YADAV S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 18. SHRI RAJARAM PRASAD S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 19. SHRI ROHIT GIRI S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 20. MD. MANIR ALAM KHAN S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 21. SMT. BABITA DEVI S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 22. SMT. BEMISHAL PRAVEEN W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 23. SMT. MINU DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI - 2 - 24. SMT. RENU DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 25. SMT. SUMITRA DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 26. SMT. INDRASANI DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 27. SMT. JAMILA KHATOON W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 28. SMT. GIRIJA DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 29. SMT. GEETA SINGH W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 30. SMT. BABNUNTI DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 31. SMT. FARZANA KHATOON W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 32. SMT. SAHNAZ BEGUN W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 33. SMT. SUSHILA DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 34. SHRI SURESH PRASAD YADAV S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 35. SHRI SHYAM BABU ROY S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 36. SMT. SNEHLATA DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 37. SMT. POONAM DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 38. SMT. CHANDRAWATI PRIYADARSAN W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 39. SMT. SHEELA DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 40. SMT. SACHRUN NISA W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 41. SHRI RAJESHWAR PRASAD SINGH S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 42. SHRI VINAY KUMAR KUSHWAHA S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 43. SHRI NAGENDRA SAHNI S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 44. SMT. ALPANA DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 45. SMT. RAM DULARI DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 46. SMT. KANTI DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 47. SMT. MANJU DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 48. MD. JAINUL AHMAD NABI S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI - 3 - 49. SHRI SHAILENDRA PRASAD YADAV S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 50. SHRI MAHENDRA YADAV S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 51. SMT. KISHORE DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 52. SMT. PRIYAKA JAISWAL W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 53. SHRI PAWAN KUMAR S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 54. MD. NAZRE ALAM S/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 55. SMT. PUNAM CHANCHAL W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 56. SMT. UMA DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 57. SMT. RENU DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 58. SMT. POONAM DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 59. SMT. RAM DULARI DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 60. SMT. MALA KUMARI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 61. SMT. SUNITA DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI 62. SMT. KANTI DEVI W/O NOT KNOWN ELECTED MEMBER OF ZILA PARISHAD, EAST CHAMPARAN, MOTIHARI ----------- For the Petitioner : Mr. S.A. Narain, Sr. Adv. Mr. Virendra Kumar. For the Respondent no.5 : Mr. S.P. Srivastava Mr. Rajeev Ranjan. For the State : A.C. to G.P. 20, Ajit Kumar. For the Respondent no.4 : Mr. Y.C. Verma. Mr. Ajay Kumar Singh. ------------ 02 09.02.2010 By this writ petition the petitioner has tried to establish how easily democracy can be throttled. We are dealing with Zila Parishad, East Champaran, Motihari. The present case relates to a proposal for moving no confidence motion against the Chairman of the said Zila Parishad in terms of Section 70 (4) (i) of the said Act. - 4 - It appears that on 9th December, 2009 a requisition for calling a special meeting of the elected members of the Zila Parishad for considering no confidence motion against the Chairman was sought to be served on the Chairman duly signed by 30 members out of the 57 elected members. Though, it is alleged that it was filed in the office of the Chairman on behalf of respondent no.40. Mr. Y.C. Verma, learned Senior counsel submits that the Chairman was out of the station for treatment of her husband and as such it cannot be deemed to have validly served on her in terms of Section 70 (4) (i). The said representation/requisition is Annexure-1 to the writ petition. It was then in terms of the said Section notice was given to District Magistrate-cum-Collector, East Champaran, Motihari. Mr. Y.C. Verma virtually appearing for the Chairman though ostensibly for respondent no.4 submits that the requisition was in fact meant for the Chairman to be filed through the Deputy Development Commissioner, who had no authority in the matter. In sum and substance, what is submitted by Mr. Verma is that under Section 70 (4) (i) of the said Act there was no personal service of the requisition on the Chairman and as such the Chairman was not required to act thereon. He further submits that on that day even the District Magistrate was out of the town and as such even he was not required to act in the matter. On the other hand, Mr. S.A. Narayan, learned Senior counsel in support of the writ petition submits that what is - 5 - contemplated under Section 70 (4) (i) is that the requisition has to be personally handed over to the two then the two may evade and avoid receiving the same and thus would effectively evade the consequence which is not the spirit of the provision. In my view, a bare reference to the said provision would show that the first condition is that there must be a requisition by at least 1/5th of the elected members that is duly complied in the present case. It is now virtually not in dispute that requisitions were duly filed but both the Chairman and the Collector being out of station it would not have been presented to them in person. Be that as it may, in my view, the situation does not alter. Once requisitions are filed such hyper technical plea cannot be taken that it has not been duly served on the Chairman and on the Collector in person and as such they are not bound to act. Such attitude would be wholly against the provisions of the Act and means only to avoid inevitable. The law does not permit either the Collector or the Chairman to avoid calling a special meeting once a requisition is made. I may also notice that subsequently before the District Magistrate a reminder was also sent and duly received but unfortunately even though he is a repository of law and is supposed to be responsible officer he has chosen to sleep over the mater rather than act in accordance law. That is not expected of an officer of the rank of District Magistrate-cum-Collector. He cannot become a party to the politics to be involved in such forms - 6 - of local self government. He is above the politics and should maintain his status as it is. In view of the facts as aforesaid, I have no option but to direct the Chairman of the East Champaran Zila Parishad to call a special meeting within a week from the date of service of copy of this order on her for consideration of no confidence against her, if she fails to do it, it shall be the duty of the Collector of the district to convene such meeting but he shall not be a part of that meeting in any manner except for the purposes of maintaining law and order out side the premises. With these observations and directions, the writ petition is disposed of. Trivedi (Navaniti Prasad Singh, J.)