IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2184 of 2011 DINESH KUMAR, SON OF LATE RAJENDRA PRASAD, RESIDENT OF MOHALLA- ASHA NAGAR, POST AND POLICE STATION- SOHSARAI, BIHARSHARIEF, DISTRICT- NALANDA AT BIHARSHARIEF :---PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT AND HOUSING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE MUNICIPAL COMMISSIONER, BIHARSHARIEF MUNICIPAL CORPORATION, BIHARSHARIEF. 4. THE SECRETARY, BIHARSHARIEF MUNICIPAL CORPORATION, BIHARSHARIEF :---RESPONDENT 1ST SET. 5. SHANKAR KUMAR, SON OF NOT KNOWN TO THE PETITIONER, RESIDENT OF MOHALLA- AMBER (SRISTAL) POST AND POLICE STATION- BIHARSHARIEF, DISTRICT- NALANDA, AT PRESENT COUNCILLOR OF WARD NO. 16 OF BIHARSHARIEF MUNICIPAL CORPORATION. 6. MADAN KUMAR, COUNCILLOR OR WARD NO. 31 OF BIHARSHARIEF MUNICIPAL CORPORATION. 7. DHANANJAY KUMAR, COUNCILLOR OF WARD NO. 18 OF BIHARSHARIEF MUNICIPAL CORPORATION. 8. SURENDRA SHARMA, COUNCILLOR OF WARD NO. 30 OF BIHARSHARIEF MUNICIPAL CORPORATION. 9. LALJEET PASWAN, COUNCILLOR OF WARD NO. 33 OF BIHARSHARIEF MUNICIPAL CORPORATION. 10. MD. KHALID ALAM BHUTTO, COUNCILLOR OF WARD NO. 17 OF BIHARSHARIEF MUNICIPAL CORPORATION. 11. SANGEETA DEVI, COUNCILLOR OF WARD NO. 15 OF BIHARSHARIEF MUNICIPAL CORPORATION. 12. SANJAY YADAV, COUNCILLOR OF WARD NO. 28 OF BIHARSHARIEF MUNICIPAL CORPORATION. 2 13. DILIP KUMAR, COUNCILLOR OF WARD NO. 23 OF BIHARSHARIEF MUNICIPAL CORPORATION. 14. KISHORE KUMAR, COUNCILLOR OF WARD NO. 19 OF BIHARSHARIEF MUNICIPAL CORPORATION. 15. DINESH PASWAN, COUNCILLOR OF WARD NO. 05 OF BIHARSHARIEF MUNICIPAL CORPORATION. 16. NARAIN YADAV, COUNCILLOR OF WARD NO. 35 OF BIHARSHARIEF MUNICIPAL CORPORATION. 17. SHEELA DEVI, COUNCILLOR OF WARD NO. 03 OF BIHARSHARIEF MUNICIPAL CORPORATION. 18. GAJALA PARVIN, COUNCILLOR OF WARD NO. 12 OF BIHARSHARIEF MUNICIPAL CORPORATION. 19. BABITA DEVI, COUNCILLOR OF WARD NO. 09 OF BIHARSHARIEF MUNICIPAL CORPORATION. 20. NINA DEVI, COUNCILLOR OF WARD NO. 02 OF BIHARSHARIEF MUNICIPAL CORPORATION. 21. SHASI RANI, COUNCILLOR OF WARD NO. 20 OF BIHARSHARIEF MUNICIPAL CORPORATION. 22. MANJU SINGH, COUNCILLOR OF WARD NO. 21 OF BIHARSHARIEF MUNICIPAL CORPORATION. 23. TANUJA DEVI, COUNCILLOR OF WARD NO. 44 OF BIHARSHARIEF MUNICIPAL CORPORATION. 24. GULNAJ BANO, COUNCILLOR OF WARD NO. 45 OF BIHARSHARIEF MUNICIPAL CORPORATION. 25. SHARMILA DEVI, COUNCILLOR OF WARD NO. 37 OF BIHARSHARIEF MUNICIPAL CORPORATION. 26. DHANANJAY KUMAR @ PAPPU YADAV, COUNCILLOR OF WARD NO. 38 OF BIHARSHARIEF MUNICIPAL CORPORATION. 27. SHAMA PARWEEN, COUNCILLOR OF WARD NO. 29 OF BIHARSHARIEF MUNICIPAL CORPORATION. 28. ZEENAT PARWEEN, COUNCILLOR OF WARD NO. 14 OF BIHARSHARIEF MUNICIPAL CORPORATION. 3 29. SHEELA DEVI, COUNCILLOR OF WARD NO. 36 OF BIHARSHARIEF MUNICIPAL CORPORATION. 30. ISHRAT BANO, COUNCILLOR OF WARD NO. 42 OF BIHARSHARIEF MUNICIPAL CORPORATION. 31. NAZIYA TABASUM, COUNCILLOR OF WARD NO. 43 OF BIHARSHARIEF MUNICIPAL CORPORATION. 32. FAIYAZ AHMAD, COUNCILLOR OF WARD NO. 41 OF BIHARSHARIEF MUNICIPAL CORPORATION. 33. NEERAJ KUMAR, COUNCILLOR OF WARD NO. 07 OF BIHARSHARIEF MUNICIPAL CORPORATION. 34. UMESH SINGH, COUNCILLOR OF WARD NO. 22 OF BIHARSHARIEF MUNICIPAL CORPORATION. 35. MUSARRAT PARWEEN, COUNCILLOR OF WARD NO. 40 OF BIHARSHARIEF MUNICIPAL CORPORATION. 36. MUSHAK AMRIL, COUNCILLOR OF WARD NO. 32 OF BIHARSHARIEF MUNICIPAL CORPORATION. 37. RUPA DEVI, COUNCILLOR OF WARD NO. 25 OF BIHARSHARIEF MUNICIPAL CORPORATION :-- -RESPONDENTS 2ND SET. ----------- 2. 04.02.2011. Heard learned counsel for the petitioner and the counsel for the State. 2. Petitioner is the Mayor of Bihar Sharif Municipal Corporation. He is aggrieved by the notice dated 28.01.2011 issued by the Municipal Commissioner, Biharsharif, whereunder special meeting has been convened on 10.2.2011 to consider the No Confidence Motion against the petitioner. 4 3. It is submitted on behalf of the petitioner that requisition dated 21.01.2011, Annexure-3 by the 33 elected members of the Biharsharif Municipal Corporation was placed before him on 24.01.2011 requesting him to convene a special meeting to consider No Confidence Motion against the Mayor. Having considered the requisition petitioner asked the Municipal Commissioner to verify the signature of the requisitionist. The Municipal Commissioner without verifying the signature of the requisitionist on his own under impugned notice dated 28.01.2011 fixed 10.2.2011 as the date for the special meeting. It is submitted on behalf of the petitioner that the Municipal Commissioner ought to have first verified the signature of the requisitionist and having verified the signature should have placed the requisition before the petitioner for fixing a date of the special meeting. The Municipal Commissioner having not verified the genuineness of the signature of the requisitionist and fixed the date for special meeting under notice dated 28.01.2011, such action of the Municipal 5 Commissioner is contrary to sub-section (3) of Section 48 of the Bihar Municipal Act, 2007, whereunder the said notice has been issued. 4. Having heard counsel for the parties, in the light of the undertaking of the petitioner, that he shall verify the genuineness of the signature of the requisitionist over requisition dated 21.01.2011 within seven days or in any case convene the meeting of the Council to consider the agenda of No Confidence against himself by 23rd February, 2011, notice dated 28.01.2011, Annexure-1 is quashed. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)