Rajesh Shankar, J.:— The case is taken up through Video Conferencing.
2. Mr. R.N. Sahay, learned Sr. Adv. for the petitioner, while assailing the minutes of the ordinary meeting dated 28.01.2021 held by the Deputy Chairman, Nagar Panchyat, Domchanch, Executive Officer and other Ward Counsellors of the said Panchayat, submits that the petitioner, who is the Chairman of the said Nagar Panchayat, cannot be removed from office by passing ‘No Confidence Motion’ against him keeping in view the provisions of Section 26(1) of the Jharkhand Municipal Act, 2011 (hereinafter referred to as ‘the Act, 2011’) wherein it has been clearly mandated that the Mayor and the Chair Person shall be elected by all the electors in the municipality. Since the petitioner has been directly elected for the post of the Chairman of the said Nagar Panchayat, ‘No Confidence Motion’ initiated and the resolution passed by the Deputy Chairman, Executive Officer and the Ward Counsellors of the said Nagar Panchayat, is wholly illegal.
3. Learned Sr. counsel for the petitioner while referring to Section 30(5) of the Act, 2011, further submits that only the Deputy Mayor and the Vice Chair Person can be removed from their respective posts by resolution of ‘No Confidence Motion’.
4. Notice.
5. Ms. Sunita Kumari, learned A.C. to G.P-I, appears and waives notice on behalf of the respondent Nos. 1, 2 & 4.
6. Dr. Ashok Kumar Singh, Advocate, appears and waives notice on behalf of the respondent No. 3.
7. They pray for and are allowed four weeks' time to seek instruction and file respective counter affidavits.
8. Issue notice to the respondent Nos. 5 & 6 by Registered Post with A/D for which requisites etc. must be filed within one week.
9. Notice is made returnable after six weeks.