SARABJIT KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This petition is filed at the instance of the President of Municipal Council, Tapa, District Barnala against the resolution passed by the Municipal Council on 10.7.2017 in which 'no confidence motion' has been passed by ⅔rd members of the Committee against him.

(2.) In short, Municipal Council, Tapa comprises of 15 elected members and 1 nominated member, namely, MLA. The petitioner was elected by the members as the President on 10.3.2015. The members moved a requisition to bring 'no confidence motion' against the petitioner. A special meeting in this regard was fixed on 3.7.2017 at 11.00 AM in the Municipal Council, Tapa. The said meeting, however, was postponed and was again fixed on 7.7.2017 for 10.7.2017 at 9:30 AM. The meeting was held as scheduled in which the members voted in favour of the 'no confidence motion' with ⅔rd majority and as a result thereof, the petitioner was removed from the post of President of the Municipal Council.

(3.) Aggrieved against the said resolution, the present petition has been filed, alleging not only the violation of law but also mala fides. One of the members of the Municipal Council is on caveat.