POONAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner by way of this petition has challenged the proceedings of the Meeting of the Municipal Committee Pataudi, District Gurgaon, (Annexure P-3) which read as under :" Proceedings of the meeting held on 15. 12. 1995 at Johan Hall, Gurgaon. Resolution of The Committee :

(2.) THE counsel for the petitioner has argued that his clientess belonged to reserved category and, therefore, she could not be ousted from the office on the ground that she lost the confidence of the members. The precise argument of Mr. Dhankar is that since the petitioner is the only Scheduled Caste member of the Municipal Committee and having been made as the President in that capacity could only be removed Under Section 22 of the Haryana Municipal Act, 1973 (hereinafter referred to as the Act) by the State Government and not on the basis of vote of no-confidence. The reference was made by the counsel to the provisions of Sections 21 and 22 of the Act, which read as under :

(3.) FACED with this situation, the learned counsel for the petitioner has argued that since the petitioner is the only member of the Municipal Committee belonging to reserved category and a candidate belonging to reserved category has to became the President, His clientess cannot be thrown out of the office by a vote of no-confidence. The argument is meritless. If there is no other candidate belonging to reserved category and it is mandatory that a candidate belonging to reserved category can become the President of Municipal Committee, Pataudi, some other person belonging to reserved category would be co-opted/elected. The absence of any other member in Municipal Committee, Pataudi, belonging to reserved category would not mean that the petitioner is entitled to continue as the President even if she has lost the confidence of the House. There is nothing in Section 21 of the Act from where it could be concluded that a candidate belonging to reserved category/xrald not be voted out of the office by a vote of no-confidence.