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Showing contexts for: Motion Re in Manik Lal Prasad vs The State Of Bihar on 22 June, 2022Matching Fragments
29. The only issue, therefore, that remains for Patna High Court CWJC No.6170 of 2022 dt.22-06-2022 consideration, is whether the second requisition dated 13-04-2022, is maintainable and can be made the basis of convening a special meeting for bringing about 'No Confidence Motion' against the petitioner ('Chief Councillor'). In this connection, this Court would observe that the Amendment Act of 2022 has re-enacted the provision for removal of indirectly elected 'Chief Councillor', based on no-confidence motion, but with a different numbering of the sub-section, namely, Section 25(3), instead of Section 25(4) as it existed in the Act of 2007, prior to the Amendment Ordinance of 2022. The substantial statutory right of the 'Councillors' to make a requisition for convening a special meeting for removal of 'Chief Councillor'/ Deputy Chief Councillor' indirectly elected under the Act of 2007, therefore, again came to exist in the Statute w.e.f. 02-04- 2022, by virtue of the Act of 2022. The second requisition was made 12 days thereafter. Therefore, this Court would observe that there was a statutory basis for making the second requisition dated 13-04-2022.