SUDESH KUMARI Vs. MUKESH AND OTHERS

JUDGEMENT

(1.) This Letters Patent Appeal has been directed against the judgment dated 1.8.2012, passed by the learned Single Judge, whereby Civil Writ Petition No. 2 of 2012 filed by Smt. Mukesh (respondent No.1 herein), challenging the order dated 30.12.2011 (Annexure P-1) passed by the Director General, Urban Local Bodies, Haryana, in exercise of the powers conferred upon him under Section 14A (1) (a) of the Haryana Municipal Act, 1973 (hereinafter referred to as the Act') suspending her from the office of Councilor, Ward No. 26, Municipal Council, Jind, was allowed; and her suspension order was held to be illegal, without jurisdiction, arbitrary and malafide. It was held by the learned Single Judge that the suspension order was passed in hurry while violating the principles of natural justice and apparently was with an aim to deny right to respondent No.1 to participate in the move of no confidence motion against the appellant, who was President of Municipal Council, Jind.

(2.) We have heard learned counsel for the appellant and gone through the impugned order.

(3.) The brief facts of the case are that Municipal Council, Jind, consists of 31 Councilors. On 20.5.2010, respondent No.1 was elected unopposed as Municipal Councilor from Ward No. 26. Subsequently, the appellant was elected as President of Municipal Council, Jind. On 17.11.2011, respondent No.1 along with 22 other Municipal Councilors moved a requisition to the Deputy Commissioner for convening a meeting of the Municipal Council to consider no confidence motion against the President. As per Section 21 (2) of the Act read with Rule 72-A of the Haryana Municipal Election Rules, 1978, Deputy Commissioner, Jind, authorised the Sub Divisional Officer (Civil), Jind, to convene the said meeting for considering no confidence motion against the President in accordance with rules. Thereupon, the Sub Divisional Officer (Civil) wrote letters to all the members of the Municipal Council regarding convening of the meeting on 14.12.2011 at 11 AM in the meeting room of the office of Municipal Council, Jind. However, on 14.12.2011, the Deputy Commissioner postponed the said meeting to 3.1.2012 at 11 AM on the ground that the Sub Divisional Officer (Civil) was having some back problem. The communication in this regard was given to the members of the Municipal Council on 19.12.2011.