Patna High Court - Orders
Manik Lal Prasad vs The State Of Bihar on 2 September, 2024
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13098 of 2024
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Manik Lal Prasad Son of Late Mahendra Prasad, resident of Ward No.3, Badi
Sangat, Chakchanda, P.O. and P.S. Khusrupur, District- Patna, presently Ward
Councilor, Nagar Panchayat, Khusrupur, P.O. and P.S. - Khusrupur, District -
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Urban Development and Housing
Department, Government of Bihar, Patna.
3. The District Magistrate-cum-District Election Officer (Municipality), Patna
District- Patna.
4. The District Land Acquisition Officer-cum-Returning Officer, Patna
District- Patna.
5. Nagar Panchayat, Khusrupur, P.O. and P.S. - Khusrupur, District - Patna
through the Executive Officer.
6. The Executive Officer Nagar Panchayat, Khusrupur, P.O. and P.S.
Khusrupur, District - Patna.
7. Guddu Kumar, Son of Dinanath Prasad, Presently Chief Councilor, Nagar
Panchayat, Khusrupur, P.O. and P.S.- Khusrupur, District- Patna.
8. The State Election Commission (Municipality), Sone Bhawan, Birchand
Patel Path, Patna through the Secretary.
9. The Secretary, The State Election Commission (Municipality), Sone
Bhawan, Birchand Patel Path, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. S.B.K. Mangalam, Adv.
Mr. Awnish Kumar, Adv.
For the Respondent/s : Mr. Ramadhar Singh, Government Pleader 25
FOR SEC : Mr. Ravi Ranjan,
Mr. Girish Pandey, Advocates.
For Nagar Panchayat, Khusrupur: Mr. Ashok Kumar, Adv.
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 02-09-2024Heard Mr. S.B.K. Mangalam, learned counsel for the petitioner, Mr. Ramadhar Singh, learned GP-25, Mr. Ravi Ranjan, learned counsel appearing for State Election Commission and Mr. Ashok Kumar, learned counsel for Nagar Patna High Court CWJC No.13098 of 2024(2) dt.02-09-2024 2/5 Panchayat, Khusrupur.
2. The present petition has been preferred for the following reliefs:-
"(1) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the order dated 17.08.2024 passed by the Respondent no.4 in the capacity of Returning Officer to conduct the election for the vacant post of Chief Councilor of Khusrupur Nagar Panchayat whereby and where under Respondent no.4 was pleased to reject the nomination of the petitioner to contest for the post of Chief Councilor on the ground that the petitioner was removed from the post of Chief Councilor 26.04.2022 when a motion of No Confidence was passed against him.
(II) For issuance of an appropriate writ in the nature of MANDAMUS commanding and directing the Respondent no.4 to bring on record the result of the election dated 17.08.2024 by which the Respondent no.4 was pleased to declare the Respondent no.7 elected uncontested for the post of Chief Councilor of Khusrupur Nagar Panchayat and on production the same may be quashed by issuance of an appropriate writ in the nature of CERTIORARI on the ground that the uncontested election of the Respondent no.7 as the Chief Councilor of Khusrupur Nagar Panchayat was in a fortuous circumstance because of improper and illegal rejection of petitioner's nomination and there his election as the Chief Councilor cannot be sustained in law (III) For issuance of an appropriate writ in the nature of MANDAMUS commanding and directing the Respondent nos. 8 and 9 to hold a fresh Patna High Court CWJC No.13098 of 2024(2) dt.02-09-2024 3/5 election for the post of Chief Councilor of Khusrupur Nagar Panchayat in accordance with law.
(IV) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case."
3. Learned counsel for the petitioner submits that earlier he was serving as the Chief Councillor of the said Nagar Panchayat but was removed from the post on 26.04.2022 by of No Confidence Motion. It is his submission that subsequently, on the vacant post, one Ranju Singh was elected as Chief Councillor who too was removed by way of No Confidence Motion after completion of two years and thereafter the seat became vacant.
4. The State Election Commission, Bihar (for short 'the Commission') notified the date of election on 17.08.2024. It is his submission that he preferred his nomination paper to contest the said post but was summarily rejected by the Respondent no. 4, the District Land Acquisition Officer-cum- Returning Officer, Patna District- Patna, taking note of section 25 (5) of the Bihar Municipal (Amendment) Act, 2022 (for short, 'the Act'). Section 25 (5) of 'the said Act' reads as follows:-
Patna High Court CWJC No.13098 of 2024(2) dt.02-09-2024 4/5 " 25(5) The Chief Concillor/Deputy Chief Councillor so removed shall not be eligible for re-election as Chief Councillor/Deputy Chief Councillor during the remaining term of office of such Municipality".
5. It is his submission that the said decision of the respondent-authority is in the teeth of order passed by a Bench of this Court in the case of Vinay Kumar Pappu & Anr v. The State Election Commission reported in District Land Acquisition Officer-cum-Returning Officer, Patna District-
Patna. He submits that an elected person who is removed cannot be debarred from contesting again on the said post save and except Section 25 (4) of 'the Act', if he has been removed on charges by the State Government.
6. Learned counsel for the petitioner submits that removal under Section 25(4) of 'the Act' is by the State Government after seeking show-cause from the concerned office bearers, considering his/her explanation and only then the removal is done. However, ignoring the case of Vinay Kumar Pappu (supra), he was debarred from contesting the election.
7. Learned State counsel, the State Election Commission as also Nagar Panchayat, Khusrupur, are required to address the Court on this issue put forward by the learned counsel for the petitioner.
Patna High Court CWJC No.13098 of 2024(2) dt.02-09-2024 5/5
8. The question is whether pursuant to the amendment made in the Bihar Municipal (Amendment) Act, 2022 specially Section 25(5), whether the Chief Councillor/Deputy Chief Councillor so removed is eligible for re-election as the Chief Councillor/Deputy Chief Councillor for the remaining term of office of such Municipal or not.
9. As prayed for, list this case after four weeks enabling all the respondents to file counter affidavit after service of copies to the learned counsel for the petitioner and failure by any of them, a cost of Rs. 2000/- is to be deposited with the Patna High Court Legal Services Committee.
10. Issue notice to the respondent no. 7 through both processes i.e. ordinary as well as registered cover with A/D for which requisites etc. must be filed within a period of one week failing which the application shall stand rejected without further reference to the Bench.
11. List this case after four weeks.
(Rajiv Roy, J) perwez U