DUSHYANT KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was elected as a Member of the Municipal Corporation, Panipat/respondent No.4 along with other Members in the elections held on 2.6.2013, the result of which was declared on 4.6.2013. Twenty-four elected members, in turn, elected respondent No.5 as the Mayor on 3.7.2013 who assumed office on 4.7.2013. Just after a period of six months, some of the elected Members appear to have had a change of heart and wanted to remove respondent No.5 from the post of Mayor and, thus, moved a noconfidence motion with request to the Commissioner/respondent No.3 to call a meeting for the said purpose.

(2.) The meeting was, however, not called in view of the provisions of Rule 75 of the Haryana Municipal Corporation Election Rules, 1994 framed under The Haryana Municipal Corporation Act, 1994 as there is a bar to calling a meeting for such a no-confidence motion during the first year of the elected period of the Mayor.

(3.) It may, however, be added here that the petitioner had earlier filed CWP No.1039 of 2014 aggrieved by the meeting not being called, but withdrew the same on 22.1.2014 where it was observed that respondent No.5 may examine whether Rule-75 of the said rules was attracted in view of the requisition made. It is pursuant thereto that the respondent No.3 passed an order that in view of the said Rules no meeting could be called.