SEEMA RANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Petitioner was elected as President of the Municipal Committee, Jakhal Mandi in District Fatehabad, Haryana, at a meeting held on 2nd February, 2019 of the elected members of the Municipal Committee. The 13 members, including the Petitioner, were declared elected from Ward 13 of Jakhal Mandi on 19th December, 2018. A notification dated 22nd February, 2019 was issued whereby the Petitioner was notified as President of the Municipal Committee, Jakhal Mandi, District Fatehabad.

(2.) Nearly seven months after the above notification was issued, the Haryana Municipal (Second Amendment ) Act, 2019 (hereafter, 'HMSA) amending the Haryana Municipal Act, 1973 (hereafter, 'HMA'), was notified on 4th September, 2019. In other words, the HMSA amended the HMA with effect from that date. A significant change brought about by the HMSA was the amendment to Section 21 HMA, whereby it was no longer possible to resort to a 'No-Confidence Motion' for the removal of the President of a Municipal Committee. Correspondingly, amendments were made by the HMSA to Section 13 I and 13 J of the HMA to provide for other modes of removal of the elected President of the Municipal Committee. This was consistent with another significant change whereby the President was to be directly elected and not indirectly from among the elected members of the Municipal Committee.

(3.) It must be mentioned at this stage that Rule 72-A of the Haryana Municipal Elections Rules, 1978 (hereafter, 'HME Rules'), which laid down the procedure for moving a no-confidence motion against the President or the Vice-President, was not correspondingly amended to reflect the above amendment to the HMA. It continued to reflect the pre-amended position. This was despite the fact that Section 257 of the HMA, as amended, provided that the "State Government shall make rules pertaining to the matters of elections, in consultation with State Election Commission".