HARGOVIND JOHARI Vs. ZILA PANCHAYAT

JUDGEMENT

(1.) CAN a meeting summoned with a view to express no confidence can be adjourned for want of quorum? This precise question has been raised in this petition preferred under Article 226 of the Constitution of India.

(2.) THE brief facts which have led to the filing of this petition be noticed as under.

(3.) THE petitioner is a Member of Zila Panchayat, District Morena. Some Members of the Zila Panchayat moved the competent authority for getting a meeting convened for the purposes of expressing no confidence. This meeting was scheduled to be held on 9th of December, 1995 at 1. 30 AM. The presiding officer found that quorum was not available. He adjourned the meeting to 20th of December, 1995. The information given by the presiding officer that the meeting has been adjourned from 9th of December, 1995 to 20th of December, 1995 is contained in Annexure P/l. This is being impugned in the present petition. As indicated above, the basic challenge is that a meeting called for expressing no confidence cannot be adjourned for want of quorum. According to the learned counsel for the petitioner as the requisite members of the Zila Panchayat were not present, the meeting should be deemed to have failed.