IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10015 of 2010 1. ANITA RAM W/O SRI BHUPNESHWAR RAM R/O MOHALLA- KASIPUR, P.S.- SAMASTIPUR, P.O.- SAMASTIPUR, DISTT.- SAMASTIPUR. ……PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT AND HOUSING DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, SAMASTIPUR. 4. THE EXECUTIVE OFFICER, NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. 5. SMT. KAMINI SINHA W/O NOT KNOWN WARD COUNCILLOR OF WARD NO.1 OF NAGAR PARISHAD SAMASTIPUR, DISTT.- SAMASTIPUR. 6. SRI MD. SIRAJ ANSARI S/O NOT KNOWN WARD CUNCILLOR OF WARD NO.2 OF NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. 7. SMT. AFSANA KHATOON W/O NOT KNOWN WARD COUNCILLOR OF WARD NO.3 OF NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. 8. SRI TEK NARAYAN MAHTO S/O NOT KNOWN WARD COUNCILLOR OF WARD NO.4 OF NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. 9. SRI KAUSHAL PD. SINGH S/O NOT KNOWN WARD COUNCILLOR OF WARD NO. 5 OF NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. 10. SRI HARERAM CHAUDHARY S/O NOT KNOWN WARD COUNCILLOR OF WARD NO.6 OF NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. 11. SRI ASHOK MISHRA S/O NOT KNOWN WARD COUNCILLOR OF WARD NO. 8 OF NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. 12. SRI BISHWANATH SAH S/O NOT KNOWN WARD COUNCILLOR OF WARD NO. 9 OF NAGAR PARISHAD SAMASTIPUR, DISTT.- SAMASTIPUR. 13. SMT. USHA DEVI W/O NOT KNOWN WARD COUNCILLOR OF WARD NO. 10 OF NAGAR PARISHAD SAMASTIPUR, DISTT.- SAMASTIPUR. 14. SRI INDRAJIT NARAYAN SINHA S/O NOT KNOWN WARD COUNCILLOR OF WARD NO. 11 OF NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. 15. SMT. REENA KUMARI W/O NOT KNOWN WARD COUNCILLOR OF WARD NO. 12 OF NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. 16. SRI RAMCHANDRA MAHTO S/O NOT KNOWN WARD COUNCILLOR OF WARD NO. 13 OF NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. 2 17. SRI SATYA NARAYAN MAHTO S/O NOT KNOWN WARD COUNCILLOR OF WARD NO. 14 OF NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. 18. SMT. SAVITRI KUMARI W/O NOT KNOWN WARD COUNCILLOR OF WARD NO. 15 OF NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. 19. SMT. BINDU DEVI W/O NOT KNOWN WARD COUNCILLOR OF WARD NO. 16 OF NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. 20. SMT. SHEELA DEVI W/O NOT KNOWN WARD COUNCILLOR OF WARD NO. 17 OF NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. 21. SMT. REETA DEVI W/O NOT KNOWN WARD COUNCILLOR OF WARD NO. 18 OF NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. 22. SRI JAI SRI GUPTA S/O NOT KNOWN WARD COUNCILLOR OF WARD NO. 19 OF NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. 23. SRI MANOJ JAISWAL S/O NOT KNOWN WARD COUNCILLOR OF WARD NO. 20 OF NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. 24. SMT. ARCHANA DEVI W/O NOT KNOWN WARD COUNCILLOR OF WARD NO. 21 OF NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. 25. SRI AKBAR JAMAL KHAN S/O NOT KNOWN WARD COUNCILLOR OF WARD NO. 22 OF NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. 26. SMT. LALITA DEVI W/O NOT KNOWN WARD COUNCILLOR OF WARD NO. 23 OF NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. 27. SRI MD. FIROJ S/O NOT KNOWN WARD COUNCILLOR OF WARD NO. 24 OF NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. 28. SRI TRIBHUWAN SAH S/O NOT KNOWN WARD COUNCILLOR OF WARD NO. 26 OF NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. 29. SMT. USHA DEVI W/O NOT KNOWN WARD COUNCILLOR OF WARD NO. 27 OF NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. 30. SMT. POONAM KUMARI W/O NOT KNOWN WARD COUNCILLOR OF WARD NO. 28 OF NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. 31. SRI ARUN PRAKASH S/O NOT KNOWN WARD COUNCILLOR OF WARD NO. 29 OF NAGAR PARISHAD, SAMASTIPUR, DISTT.- SAMASTIPUR. ……RESPONDENTS. ----------- For the petitioner : Mr. Indu Bhushan, Advocate. For respondent nos. : Mr. Shashikant Singh, A.C. to G.A.6. 1, 2 & 3 3 For respondent no.4 : Mr. Durga Nand Jha, Advocate. For respondent nos. : Mr. Aditya Prakash Sahay 5, 7, 9, 11, 13, 14, 16, Mr. Manas Prakash. 17, 19, 22, 24, 25, 26, 28, 29 & 30. --------- 05/ 20.09.2010. Heard learned counsel for the petitioner, learned counsel for the State of Bihar and its authorities (respondents nos. 1-3), learned counsel for respondent no.4 as well as learned counsel for respondent nos. 5, 7, 9, 11, 13, 14, 16, 17, 19, 22, 24, 25, 26, 28, 29 and 30. 2. Since the petitioner, who is the Chief Councillor of Samastipur Nagar Parishad and all the members of the Nagar Parishad, who were requisitionsts have appeared, they claim that all the contesting parties have appeared and there is no necessity to issue notices to other respondents who are not necessary parties for disposal of this writ petition. 3. This writ petition has been filed by the petitioner, who is the Chief Councillor of Samastipur Nagar Parishad, challenging requisition sent by members of the Nagar Parishad and the notice issued by the Executive Officer of the Nagar Parishad as well as the order of the District Magistrate, Samastipur and also the resolution of no confidence motion against the petitioner in the special meeting. 4. From the arguments of the parties as well as from the materials on record, it is quite apparent that election for the said Nagar Parishad had been held in the year 2007 in which 29 Ward Councillors were elected and they elected the petitioner as their 4 Chief Councillor. It transpires that on 30.07.2009, a requisition was sent by 15 Ward Councillors to the Executive Officer for holding of no confidence motion against the petitioner and a copy thereof was sent to the Chief Councillor (petitioner), but thereafter no step was taken in that regard and it appears that it has fizzled out. It further transpires that again a requisition was sent by 15 Ward Councillors to the petitioner, but no step was taken thereafter and it appears to have also fizzled out. 5. Subsequently Rules for No Confidence Motion named as ‘Bihar Municipal No Confidence Motion Process Rules-2010 (hereinafter referred to as ‘the Rules’ for the sake of brevity) was promulgated vide notification dated 07.06.2010 (Annexure R/8 to I.A.No.7634 of 2010). In accordance with the said Rules, a fresh requisition dated 14.06.2010 (Annexure-R/9) was sent by 13 Ward Councillors to the Chief Councillor, but learned counsel for the petitioner submits that it was never received by her. However, when no step was taken in that regard, the District Magistrate issued letter dated 17.06.2010 (Annexure-7) directing the Executive Officer to call the meeting in accordance with law keeping in view the decision of this court dated 24.11.2009 passed in CWJC Nos. 8075, 7565 and 7646 , all of 2009. 6. It also appears from the record that when no special meeting of no confidence motion was called either by the Chief Councillor or by the Executive Officer, requisitionists held a meeting on 15.07.2010 and directed the Executive Officer to call a 5 special meeting of the Ward Councillors for considering no confidence motion against the petitioner on 21.07.2010. In compliance of resolution of the said meeting the Executive Officer issued notice dated 15.07.2010 (Annexure-R/13) to all the members fixing the special meeting on 21.07.2010. Accordingly, special meeting for no confidence motion was held on 21.07.2010 in which initially the said motion failed, but subsequently it succeeded and learned counsel for the respondents submits that it succeeded in accordance with law, whereas the petitioner states that it was absolutely illegal. 7. From the aforesaid facts and circumstances as well as the materials on record, it is quite apparent that when a requisition was sent by the members on 14.06.2010 it was the duty of the Chief Councillor to direct issuance of notice in that regard and the law provides that when the Chief Councillor fails the requisitionists may hold a meeting and direct the Executive Officer to issue notices to the Ward Councillors fixing the date of such meeting. But it transpires that in the meantime a letter was issued by the District Magistrate dated 17.06.2010, which legally had no effect at all as by that letter the District Magistrate merely directed the Executive Officer to take steps in accordance with law. Thereafter the requisitionists held a meeting on 15.07.2010 and directed the Executive Officer to issue notices to the Ward Councillors fixing the date of meeting on 21.07.2010 and the Executive Officer issued notice on the same day, i.e. 15.07.2010 fixing date of meeting as 6 21.07.2010 on which date the special meeting of no confidence motion was held and ultimately it was passed against the petitioner. 8. It is apparent from the record that the said notice dated 15.07.2010 did not contain any allegation or charges levelled against the Chief Councillor (petitioner) although it was the requirement of law as per the provision of Rule 2 (iv) of the Rules. Furthermore, no clear seven days notice was given for holding special meeting of no confidence motion. 9. Learned counsel for the private respondents argues that as per the provision of Rule 2 (i) of the said Rules it is only provided that meeting shall be convened within fifteen days of the date of issuance of the notice and in the instant case the meeting was convened within fifteen days. In my view, the contention of learned counsel for the respondents is not in accordance with law as if the aforesaid provision is read in totality, it provides that notice shall be issued within seven days from the receipt of the requisition and the meeting shall be convened within fifteen days of the date of issuance of the notice. 10. In the said circumstances, sufficient time is required for the Ward Councillors to consider the motion so that they may be able to take proper decision in that regard as such decisions are of very important and far reaching effect for which at least seven clear days notice is required as has been provided in other such statutes, such as Bihar Panchayat Raj Act. Furthermore, convening of meeting within fifteen days from the date of issuance of notice 7 cannot legally be interpreted that meeting can be fixed on the next day, therefore, sufficient time must be given to the persons concerned and for that purpose at least seven clear days is the minimum. 11. In the said circumstances, it is quite apparent that the resolution of requisitionists dated 15.07.2010 as well as notice dated 15.07.2010 issued by the Executive Officer are against the specific provisions of law, including Rule 2(i) and Rule 2(iv) of the Rules. Accordingly, the resolution of the special meeting dated 21.07.2010 which was on the basis of the aforesaid resolution and notice cannot be held to be sustainable in law. Thus, this writ petition is allowed. The resolution of the requisitionists dated 15.07.2010 and the notice issued by the Executive Officer dated 15.07.2010 as well as the proceeding of the special meeting dated 21.07.2010 are hereby quashed. 12. However, the Chief Councillor (petitioner) will have to take steps as per the requisition of the 13 members of the Nagar Parishad dated 14.06.2010 (Annexue-R/9) within fifteen days and in case she fails to take such steps in accordance with law the requisitionists will be at liberty to hold a meeting and pass a resolution directing the Executive Officer to issue notice for special meeting of no confidence motion against the Chief Councillor of Samastipur Nagar Parishad (petitioner), whereafter notices shall be issued by the Executive Officer in accordance with law. It may be noted that by such notice, at least seven clear days must be given but 8 that period should not extend beyond fifteen days and the said notice must also contain the allegation/charges against the Chief Councillor (petitioner) and all the steps including the proceeding of the special meeting of no confidence motion shall be held in accordance with the provisions of law mentioned above. Sunil ( S. N.Hussain, J.)