RANBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of present petition, Petitioner is impugning order dated 28.4.2010 passed by the Financial Commissioner and Principal Secretary to Government of Haryana, Urban local Bodies Department, under Section 252(2)/253 of the Haryana Municipal Act, 1973 (hereinafter referred to as the 1973 Act) and further impugning proceedings of meeting held on 7.1.2010.

(2.) Brief facts of the present case are that Petitioner was elected as Member of the municipal Committee, Beri, District Jhajjar. 1/3rd members of the Municipal committee submitted requisition to the Deputy Commissioner for No- confidence Motion against the Petitioner. A notice dated 4.12.2009 was issued thereby fixing 17.12.2009 to convene a meeting at 11.00 AM in the office of SDO (Civil) Beri (Annexure P-1). Petitioner filed civil suit challenging notice dated 4.12.2009 on the ground that the notice is illegal. As per the mandate of law, 15 days notice ought to have been issued. The Civil Court vide order dated 16.12.2009 (Annexure P-5) by observing that the notice dated 4.12.2009 is bad in law and is against Rule 72-A of the Haryana Municipal Election Rules, issued injunction not to convene a meeting pursuant to the notice dated 4.12.2009. However, the Civil Court further observed that the Defendant shall be at liberty to convene meeting as per rules after giving 15 days notice. No meeting was held on 17.12.2009 pursuant to the notice dated 4.12.2009 in view of the injunction order passed by the civil Court. Thereafter, notice dated 21.12.2009 (Annexure P-2) was issued thereby fixing meeting on 7.1.2010 at 11.30 AM in the office of SDO (Civil), Beri. Meeting was held on 7.1.2010 and No confidence Motion was passed against the Petitioner.

(3.) Feeling aggrieved, Petitioner preferred an appeal before the Financial Commissioner and Principal Secretary to Government of Haryana under Section 252(2)/253 of the 1973 Act, which came to be dismissed by the impugned order dated 28.4.2010.