KAVITA YADAV Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) In the instant Letters Patent Appeal, the appellant has challenged the judgment dated 21.10.2013 passed by the learned Single Judge, whereby the writ petition (CWP No. 17271 of 2013) filed by the appellant challenging the resolution of 'No Confidence Motion' passed against her, removing her from the office of the President of Zila Parishad, Gurgaon, has been dismissed.

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

(3.) Undisputedly, Zila Parishad, Gurgaon, consists of 18 members, i.e. 10 elected and 8 ex-officio members and that on 1.7.2013, seven elected members moved a requisition of 'No Confidence Motion' for removal of the appellant from the office of President of the Zila Parishad, whereupon the Deputy Commissioner, Gurgaon (respondent No.2 herein), who is the prescribed authority, convened the meeting of 10 elected members for considering the 'No Confidence Motion'. In the said meeting, which was held on 29.7.2013, the resolution of 'No Confidence Motion' was carried out successfully with the support of 7 elected members, as Section 123 (2) of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act') provides that if a resolution of 'No Confidence Motion' is passed against the President by two-third of the total number of elected members of the Zila Parishad, then the President is deemed to have been removed from the office and the office held by him is deemed to have been vacated.