This is an oral order disposing of a writ petition challenging a No Confidence Motion against the petitioner, a Chief Councillor. The court declared the petition irrelevant and infructuous after the motion was passed in a special meeting despite the petitioner's presence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7097 of 2020
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Smt. Nazra Khatoon Wife of Md. Matin Resident of Village- MohabbatpurDhaka, Ward No.15, Block- Dhaka, District- East Champaran and elected Chief Councillor of the Municipal Council, Dhaka. ... ... Petitioner/s
Versus
Patna High Court CWJC No.7097 of 2020(4) dt.22-09-2020 2/3
Champaran.
... ... Respondent/s
| =============== Appearance : For the Petitioner/s |
======================================= : Mr. P.K. Veerma, Sr. Advocate Mr.Saroj Kumar Sharma |
|---|---|
| For the Councilors For E.C. |
: Mr.Y.V. Giri, Sr. Advocate Mr. Amit Srivastava, Advocate |
| For the State For respondent no.3 =============== |
: Mr. Kumar Alok, SC 7 : Mr. Prashant Kumar, ======================================= |
| CORAM: HONOU | RABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER |
4 22-09-2020 Heard Mr. Prabhat Kumar Verma, learned senior
counsel assisted by Mr. Saroj Sharma, learned counsel appearing on behalf of the petitioner, Mr. Y.V. Giri, senior counsel assisted by Mr. Abhinay Raj, learned counsel appearing
Patna High Court CWJC No.7097 of 2020(4) dt.22-09-2020 3/3
on behalf o the councilors of Dhaka Municipal Council, Mr. Amit Shrivastava assisted by Mr. Giris Election Commission, Mr. Kumar Alok, learned Standing Counsel No.7, for the State and Mr. Prashant Kumar learned counsel appearing on behalf of respondent No.3, the Executive Officer.
Pursuant to the consent order dated 14.9.2020, special meeting was convened on 20.9.2020. In special meeting out of 25, 17 councilors were present and out of 17, 15 have voted in favour of the No Confidence Motion i.e. against the petitioner and out of 15 one vote was treated as invalid and therefore, the motion of No Confidence was passed against the petitioner by 14 in favour of No Confidence Motion to against No Confidence Motion.
In view of the aforesaid, the present writ application has become irrelevant, it is disposed of as infructuous in view of the resolution passed in special meeting dated 20.9.2020.
As a result of passing of No Confidence Motion in the special meeting held on 20.9.2020, the Election Commission is required to take necessary steps for filling the post of Chief Councilors at the earliest in accordance with law.
(Anil Kumar Upadhyay, J)
Ravi/- U
Smt. Nazra Khatoon
The State of Bihar through the Principal Secretary, Urban Development Department, Bihar
District Magistrate, East Champaran
Executive Officer, Nagar Parishad, Dhaka
17 Councilors of Nagar Parishad, Dhaka
Secretary, State Election Commission
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
