RAM RATI Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this writ petition, the petitioners have challenged no confidence motion carried out against them. The primary ground taken by counsel for the petitioners is that notice was short.

(2.) ADMITTEDLY, the notice under rule 10 of the Haryana Panchayati Raj Rules, 1995 was issued on 30.8.2011 wherein it was stipulated that the meeting for no confidence would be held on 7.9.2011. Rule 10 of the aforesaid Rules reads thus :-

(3.) ON the strength of the above judgment, counsel for the respondents have vehemently argued that even after holding as above, the Hon'ble Full Bench was pleased to dismiss the writ petition on the ground that no injury had occasioned to the petitioners therein. I am afraid the above argument would not apply in the present case since in The Northern India Caterers Private Ltd's case (supra) the petitioners therein had got stay of the proceedings and that is why their Lordships held that no injury had occasioned to the petitioners but in the present case no confidence motion has already been carried out. In this view of the matter, it has to be held that in the present case the notice was short. In fact, intriguingly today another case of similar nature was fixed before this Court bearing CWP No.19725 of 2011 where also a similarly situated President of the Zila Parishad was sought to be removed by a similar no confidence motion. The State had filed a reply therein accepting the fact that the notice was short and that they intended to withdraw the notice and to proceed afresh in accordance with law against the petitioners therein. In my considered opinion that would have been the appropriate stand to have been taken in this case also. Consequently, this writ petition is allowed and the proceedings of no confidence motion taken against the petitioners are set aside while leaving it open to the official respondents to again take action on the requisition submitted by the private respondents, in accordance with law, within a period of two months. No costs.