KAVITA YADAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has challenged notice dated 12.7.2013 and resolution dated 29.7.2013 regarding 'No Confidence Motion' passed against her removing her from the Office of the President of Zila Parishad, Gurgaon.

(2.) The Zila Parishad is constituted under Section 117 of The Haryana Panchayati Raj Act, 1994 (for short, 'the Act'). Zila Parishad, Gurgaon has ten wards in which elections were held in the year 2010. As per Section 118 of the Act, every Zila Parishad is comprised of Members directly elected from Wards in a District, Chairman of all Panchayat Samitis within the district, ex-officio members, the members of the House of People, Haryana Legislative Assembly whose consistency lie within the district or part thereof, ex-officio member and a President and Vice-President who are to be elected by and amongst the elected Members of the Zila Parishad. All ex-officio members of the Zila Parishad have right to vote in the meetings of the Zila Parishad except for election and removal of the President or the Vice-President. As per Section 121 of the Act, on the constitution of a Zila Parishad under Section 117, first meeting is called for the election of President and the Vice-President by and from amongst its elected members in the manner prescribed, by the prescribed authority. The term of office of President and Vice-President is for five years unless removed as prescribed under Section 123 of the Act by way of resolution passed by two third members of the elected members of the Zila Parishad at a meeting convened by prescribed authority in the manner prescribed.

(3.) Seven Members of the Zila Parishad moved application to respondent No.2 (The Deputy Commissioner, Gurgaon) on 1.7.2013 for convening a meeting to consider 'No Confidence Motion' against the petitioner. Respondent No.2, while exercising his powers under Rule 10 of the Haryana Panchayati Raj Rules, 1995 (for short, 'the Rules') issued notice to all the ten elected members for convening a meeting to consider application for 'No Confidence Motion' on 29.7.2013 at 12:30 P.M in his Office.