Simplified Explanation of the Judgment
The Patna High Court recently dealt with a significant legal question involving local body governance under the Bihar Municipal Act, 2007 and the Bihar Municipal No Confidence Motion Rules, 2010. The petitioner, who was the Chief Councilor of Naubatpur Nagar Panchayat, was in judicial custody at the time. A requisition was filed by several ward councilors to hold a special meeting to consider a no-confidence motion against him and the Deputy Chief Councilor.
The petitioner challenged this move, arguing that since he was detained in jail, he could not perform his duties as Chief Councilor, particularly the statutory duty to fix the date for the special meeting. He claimed that bypassing him and allowing others to fix the meeting date violated the Rules of 2010 and his right to a fair opportunity to defend himself.
An additional request was made by the petitioner to quash the follow-up letter from the requisitionists, who, after receiving no response from him, themselves fixed the date of the meeting and requested the Executive Officer to issue notices.
The petitioner’s counsel argued that the entire process of initiating the meeting without his action violated Rule 2(i) and 2(v) of the 2010 Rules. These rules specify that a special meeting must be called by the Chief Councilor upon receiving a requisition signed by at least one-third of elected members. Furthermore, the Chief Councilor must be given a chance to attend and defend himself.
The respondents, represented by senior counsel, countered this by saying that accepting the petitioner’s claim would set a dangerous precedent. Any office bearer wishing to avoid removal could simply evade action by remaining inaccessible. They argued that the requisition was duly served on the petitioner even while he was in jail and there was no legal bar preventing him from exercising his duties, including fixing a meeting date. The petitioner could have fixed the date from jail but chose instead to delay proceedings by writing to the Principal Secretary seeking guidance, without seeking to attend the meeting or defend himself.
The Court noted that while the petitioner did not fulfill his statutory duty, the Rules did not prevent him from discharging such duties during detention. Further, the Court agreed that he should be given a fair opportunity to defend himself in the no-confidence meeting, even if he was in judicial custody.
Significance or Implication of the Judgment
This judgment highlights the balance courts must maintain between procedural legality and practical governance. It clarifies that detention does not absolve a public representative from statutory responsibilities unless expressly stated by law. Additionally, the Court emphasized the importance of natural justice by allowing the detained office-bearer a chance to defend against the no-confidence motion.
The decision ensures that administrative processes are not stalled due to tactical delays and prevents misuse of procedural gaps. It also empowers local governance bodies to act decisively while safeguarding the rights of elected members.
Legal Issue(s) Decided and the Court’s Decision
- Whether a detained Chief Councilor can discharge official duties under the Bihar Municipal Act and Rules?
- Yes. The Court held there was no statutory bar preventing the Chief Councilor from fixing the date of a special meeting, even while in judicial custody.
- Whether requisitionists or Executive Officer can fix the meeting date if the Chief Councilor fails to act?
- Though ideally the Chief Councilor should act, his inaction does not invalidate the process if done in accordance with law and under unavoidable circumstances.
- Whether the detained petitioner should be allowed to attend and defend himself in the no-confidence meeting?
- Yes. The Court ordered arrangements be made to allow his presence at the meeting to ensure compliance with the principles of natural justice.
Case Title
Kaushal Kaushik v. State of Bihar & Ors.
Case Number
Civil Writ Jurisdiction Case No. 17563 of 2019
Citation(s)
2020 (1) PLJR 76
Coram and Names of Judges
Hon’ble Mr. Justice Rajeev Ranjan Prasad
Names of Advocates and who they appeared for
- For the Petitioner: Mr. Shashi Bhushan Kumar Mangalam
- For the State: Mr. Kinkar Kumar (SC-9), Mr. Yogesh Kumar (AC to SC-9)
- For State Election Commission: Mr. Amit Shrivastava, Mr. Girish Pandey
- For Nagar Panchayat: Mr. Anil Kumar
- For Private Respondents: Mr. P.K. Shahi, Mr. Ranjeet Kumar
Link to Judgment
https://patnahighcourt.gov.in/vieworder/MTUjMTc1NjMjMjAxOSMyI04=-drH8FsS2cB0=
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