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Patna High CourtCWJC/19617/2015dismissed

Ranjana Singh v. The State Of Bihar And ORS

2015-12-22Mr. Justice Jyoti Saran3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19617 of 2015 ====================================================== Ranjana Singh, Wife of Sanjay Kumar Singh, resident of village- Batraha, Police Station- Saharsa, District- Saharsa, presently Deputy Chairman, Nagar Parishad, Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Urban Development & Housing Department, Govt. of Bihar, Patna.

3. The District Magistrate, Saharsa

4. The Executive Officer, Nagar Parishad, Saharsa

5. The Chairman, Nagar Parishad, Saharsa

6. Shyam Jaiswal, Councilor, Ward No.22, Nagar Parishad, Saharsa

7. Jai Prakash Sharma, Councilor, Ward No.20, Nagar Parishad, Saharsa

8. Pankaj Kumar, Councilor, Ward No.30, Nagar Parishad, Saharsa

9. Rajendra Yadav, Councilor, Ward No.6, Nagar Parishad, Saharsa

10. Sajan Sjarma, Councilor, Ward No.37, Nagar Parishad, Saharsa

11. Ravindra Ram, Councilor, Ward No.33, Nagar Parishad, Saharsa

12. Md. Kaushar, Councilor, Ward No.31, Nagar Parishad, Saharsa

13. Tej Rani Devi, Councilor, Ward No.17, Nagar Parishad, Saharsa

14. Sita Devi, Councilor, Ward No.18, Nagar Parishad, Saharsa

15. Shiv Kumar Rajak, Councilor, Ward No.32, Nagar Parishad, Saharsa

16. Shanaz Khatoon, Councilor, Ward No.3, Nagar Parishad, Saharsa

17. Dinesh Yadav, Councilor, Ward No.34, Nagar Parishad, Saharsa

18. Subodh Sah, Councilor, Ward No.5, Nagar Parishad, Saharsa

19. Bimal Kishore Kumar, Councilor, Ward No.25, Nagar Parishad, Saharsa

20. Smt. Shobha Devi, Councilor, Ward No.1, Nagar Parishad, Saharsa

21. Smt. Anita Devi, Councilor, Ward No.4, Nagar Parishad, Saharsa

22. Anil Kumar, Councilor, Ward No.13, Nagar Parishad, Saharsa

23. Umesh Yadav, Councilor, Ward No.28, Nagar Parishad, Saharsa

24. Kiran Devi, Councilor, Ward No.39, Nagar Parishad, Saharsa

25. Sarojani Devi, Councilor, Ward No.2, Nagar Parishad, Saharsa

26. Kailash Rajak, Councilor, Ward No.24, Nagar Parishad, Saharsa

27. Renu Sinha, Councilor, Ward No.29, Nagar Parishad, Saharsa

28. Md. Mustkim, Councilor, Ward No.40, Nagar Parishad, Saharsa

29. Roushan Ara, Councilor, Ward No.15, Nagar Parishad, Saharsa

30. Phul Devi, Councilor, Ward No.14, Nagar Parishad, Saharsa

31. Nilam Devi, Councilor, Ward No.16, Nagar Parishad, Saharsa

32. Meena Devi, Councilor, Ward No.12, Nagar Parishad, Saharsa

33. Sunita Devi, Councilor, Ward No.35, Nagar Parishad, Saharsa

34. Dazi Bharti, Councilor, Ward No.10, Nagar Parishad, Saharsa

35. Reshma Sharma, Councilor, Ward No.21, Nagar Parishad, Saharsa

36. Mushrat Praveen, Councilor, Ward No.7, Nagar Parishad, Saharsa

37. Monika Chaudhary, Councilor, Ward No.26, Nagar Parishad, Saharsa

38. Mashraf, Councilor, Ward No.38, Nagar Parishad, Saharsa

39. Sidhi Priya, Councilor, Ward No.23, Nagar Parishad, Saharsa

40. Sarswati Devi, Councilor, Ward No.8, Nagar Parishad, Saharsa

41. Anita Devi, Councilor, Ward No.9, Nagar Parishad, Saharsa

42. Binay Thakur, Councilor, Ward No.11, Nagar Parishad, Saharsa

43. Mithilesh Jha, Councilor, Ward No.36, Nagar Parishad, Saharsa .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vindhyachal Singh, Adv.

Patna High Court CWJC No.19617 of 2015 (2) dt.22-12-2015 Mr. Satya Prakash For the Respondent/s : Mr. A.K.Chaudhary, AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 22-12-2015 Heard Mr. Vindhyachal Singh, learned counsel appearing for the petitioner and learned counsel for the State. The petitioner has questioned the notice dated 16.12.2015 issued by the Chief Councilor, Nagar Parishad, Saharsa whereby he has fixed the date of special meeting on 24.12.2015 for consideration of the motion moved against the petitioner who happens to be the Deputy Chief Councilor of the Nagar Parishad. Two issues have been raised by Mr. Singh to question the motion namely:

(a) That the notice has been issued by the Chief Councilor himself; and (b) That the notice does not contain the reasons. Both the issues raised by Mr. Singh are only taken to be rejected for whereas the issuance of notice by the Chief Councilor is in tune with the provisions underlying Rule 2(i) of the Bihar Municipal No Confidence Motion Process Rules,2010 (hereinafter referred to as 'the Rules') which mandates the Chief Councilor to issue such notice, even the other issue regarding absence of reasons in the notice is not sustainable in view of the statutory provisions underlying rule 2(iv) of 'the Rules' which merely requires the notice to contain reasons/allegations on which

Patna High Court CWJC No.19617 of 2015 (2) dt.22-12-2015 the motion has been moved and considering that the Chief Councilor has been cautious enough to enclose the requisition with the notice which itself mentions the reasons/charges for which the motion has been moved against Deputy Chief Councilor, in my opinion it substantially complies the statutory requirement underlying rule 2(iv) of 'the Rules'. My opinion stands supported with the view expressed by this Court in similar matter arising out of the Bihar Panchayat Raj Act since reported in 2009(2) PLJR 435 (Suryadeo Kumar vs. State of Bihar).

Although a last minute effort was taken by Mr. Singh to question the proceeding inter alia relying upon the judgment of the Supreme Court reported in AIR 1975 SC 915 (Ramchandra vs. Govind) more particularly Paragraph 25 to submit that when the procedure is provided in a statute it is to be strictly followed but in my opinion the judgment so relied upon by Mr. Singh would not again come to his rescue in view of the substantial compliance by the authorities to the statutory procedure and in view of the position explained by this Court in context with the Panchayat Raj Act.

The writ petition is dismissed.

(Jyoti Saran, J) Deepika/- U