LAWS(P&H)-2014-7-534

RAJESH KUMAR Vs. STATE OF HARYANA

Decided On July 09, 2014
RAJESH KUMAR Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) INSTANT writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of impugned order dated 31.12.2013 (Annexure P/9) whereby resolution regarding 'no confidence motion' against Ramesh Kumar, Chairman, Block Samiti -respondent no. 5 has been stated to have failed due to non compliance of provisions of Section 62 of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as the "Act"), according to which 2/3rd majority of the total elected members is the minimum requirement.

(2.) SECTION 62 of the Act reads as under: -

(3.) LEARNED counsel for the petitioners states that there is some criminal case registered against the Chairman, but no action is being taken by the authorities which is required to be taken under Section 64 of the Act. Section 64 of the Act reads as under: -