DINESH CHAND GARG Vs. DEPUTY COMMISSIONER YAMUNANAGAR

JUDGEMENT

(1.) This is a case where notice of motion has not so far been issued to the respondents but we have heard Additional Advocate General, Haryana. The grant of ad interim relief in the facts of the present case would also have amounted to the grant of writ petition. Thus, after hearing the counsel, we are of the view that this writ petition should be allowed even without issuing notice to the respondents.

(2.) Under the Haryana Municipal Act, a duty is cast upon the Deputy Commissioner to summon meeting of the members of the Municipal Committee on an application to be submitted for the purpose of no confidence motion against President or Vice-President by any member, or members, of the Municipal Committee. The Deputy Commissioner on receipt of such application (Annexure P- I ) moved by the five of the members of the Municipal Committee, Jagadhri, passed an order communicated to such members, as contained in his letter (Annexure P-2) dated 23/12/1993, that they should approach the President of the Municipal Committee, Jagadhri at the initial stage. Since the Deputy Commissioner did not call the meeting as required under Section 21(2) of the Haryana Municipal Act, the petitioners have approached this Court in this writ petition. Sub-sections (1) and (2) of Section 21 of the Act read as under:-

(3.) For the reasons recorded above, we allow this writ petition and quash order Annexure P2, with further direction to the Deputy Commissioner respondent No. 1 to call the meeting of the members of the Municipal Committee, Jagadhri, as required under Section 21(2) of the Act promptly. Dasti on payment. Petition allowed.