NEELAM KUMARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Rakesh Kumar Jain, J. (Oral) - This petition is filed by 12 members of the Panchayat Samiti, Block Kalanaur (for short, 'the Panchayat Samiti'), District Rohtak for seeking a direction to respondent No. 3 (Deputy Commissioner, Rohtak) to convene a meeting for discussing 'No Confidence Motion' against the Chairman/respondent No. 5.

(2.) In brief, there are total 18 elected members of the Panchayat Samiti. Respondent No. 5 is the elected Chaiman. Eleven petitioners, i.e. petitioners No. 1 to 8 and 10 to 12 filed affidavits on 28.07.2017 and petitioner No. 9 submitted his affidavit on 02.08.2017 to the SDM, Rohtak asking him for convening a meeting for considering 'No Confidence Motion' against respondent No. 5 as they were not satisfied with her work. Respondent No. 4 vide his letter No. 916 dated 28.07.2017 sent the affidavits to respondent No. 3 for further action. However, despite various requests, no action was taken by respondents No. 3 and 4 for convening the meeting. The petitioners then filed representation on 16.08.2017 to respondent No. 4 and since the representation also fell on deaf ears of respondent No. 3, therefore, they have approached this Court for seeking a direction.

(3.) Counsel for the petitioners has submitted that the term of the Panchayat Samiti is of five years. The Chairman or the Vice Chairman can be removed from his post by passing a resolution of 'No Confidence Motion' by 2/3rd of total number of elected members in a meeting convened in a manner prescribed. However, it is also submitted that no such meeting can be convened before the expiry of one year from the date on which the election of the Chairman or Vice-Chairman as the case may be, was notified. He has also argued that procedure for holding the meeting of 'No Confidence Motion' is provided in Rule 10 of the Haryana Panchayati Raj Rules, 1995 (for short, 'the Rules'). After notice, the respondents have put in their appearance and filed reply on behalf of respondent No. 3 today in Court in which he has made the following averments:- "3. That again on 28.07.2017 the twelve members of Panchayat Samiti, Kalanaur had submitted their affidavits before the Sub Divisional Officer (Civil), Rohtak/respondent No. 4 regarding call no confidence motion against Chairman, Panchayat Samiti, Kalanaur but on 31.07.2017 Shri Vikas s/o Shri Lala Ram had withdrawn his affidavit which was submitted on 28.07.2017 and instead submitted his affidavit in favour of Chairman, Panchayat Samiti, Kalanaur. Shri Rajesh s/o Shri Tilak Raj submitted his affidavit on 02.08.2017 against the Chairman, Panchayat Samiti, Kalanaur. All these affidavits were sent to Block Development and Panchayat Officer, Kalanaur for verification of the same.