SUNITA AND ORS. Vs. DEPUTY COMMISSIONER AND ORS.

JUDGEMENT

(1.) The President (since removed), Municipal Committee, Indri (Petitioner No.1) along with two elected Municipal Councilors (Petitioner Nos.2 and 3) of the said Committee have invoked the jurisdiction of this Court under Article 226 of the Constitution seeking the quashing of the proceedings dated 12.02.2015 (Annexure P-3), whereby No Confidence Motion against the President/petitioner No.1 has been passed and she has been removed from the Office of President, Municipal Committee, Indri (for short "the Committee").

(2.) It is averred that there are 13 elected Members and 2 nominated Members i.e. Member of Parliament and Member of Legislative Assembly, totaling 15 Members of the Municipal Committee, Indri since elections conducted in February, 2013. Petitioner No.1-Smt. Sunita was elected as the President of the Committee by the Councilors in May/June, 2013.

(3.) A Notice dated 23.01.2015 (Annexure P-1) was issued by the Sub Divisional Officer (Civil), Indri/respondent No.2 regarding Special Meeting of "No Confidence Motion" against petitioner No.1-Smt. Sunita,President of the Committee requesting Members to participate on 12.02.2015 at 3:00 PM in the Office of the Committee. The Proceedings (Annexure P-3) of the Special Meeting held on 12.02.2015 reveals that a "No Confidence Motion" was passed by 10 votes in favour of removal of the President/petitioner No.1 and 3 votes against the same, on the basis of the affidavits submitted by 10 Councilors in favour of removal.