DARSHNA DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Being aggrieved against his removal upon passing a No Confidence Motion, the petitioner, President of Municipal Council, Bhucho Mandi, District Bhatinda, has filed this writ petition to impugn the said order.

(2.) As averred in the petition, the Municipal Council, Bhucho Mandi, consists of 13 Members. In the meeting of the House held on 20.7.2012, 11 Members, including the petitioner, successfully conducted the business of the Council and there was no difference of opinion amongst them. Merely 4 days thereafter, as per the petitioner, the things drastically changed, which he would attribute to some manipulation on the part of respondent No. 6. On 24.7.2012, a notice for No Confidence Motion was served, on receipt of which the petitioner fixed the meeting to consider this motion on 1.8.2012. This was also circulated by the Executive Officer. The petitioner, however, would blame respondent No. 6 for convening and presiding over a meeting on the same day i. e. 24.7.2012 and has recorded that 'No Confidence Motion' was carried against the petitioner. Thereafter, respondent No. 6 got himself elected as President. This, according to the petitioner, was in contravention of the Rules.

(3.) Respondent No. 6 has started functioning and showing himself to be as the President. The petitioner accordingly had approached this Court by way of Civil Writ Petition No. 14575 of 2012, in which notice of motion was issued. Thereafter, the petitioner moved a miscellaneous application withdrawing the said writ petition with liberty to file a fresh one, which was granted on 13.8.2012.