BUDHO DEVI Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This is a petition by Smt. Budho Devi and Dharamvir Jain under Article 226/227 of the Constitution for quashing the notice dated 17.4.1997, issued by the Sub-Divisional Officer (Civil), Ferozepur Jhirka, to petitioner No. 2 (Dharamvir Jain), asking him to attend a meeting of the Municipal Committee convened on 2.5.1997 to consider the "no confidence motion". The petitioner have also sought a writ of prohibition for restraining the respondents No. 9 and 10 (Niranjan Lal and Smt. Sarti Devi respectively) from attending the meeting.

(2.) Petitioner No. 1, Smt. Budho Devi was elected as President of the Municipal Committee. On a requisition submitted by certain members of the Municipal Committee, the Deputy Commissioner, Gurgaon authorised S.D.O. (C), Ferozepur Jhirka, to convene a special meeting of the Municipal Committee to consider the "no confidence motion" against petitioner No. 1 Smt. Budho Devi. The petitioner No. 1, thereafter, informed the Deputy Commissioner through application dated 4.4.1997 that the Municipal Councillors, Niranjan Lal and Smt. Sarti Devi (respondents 9 and 10 respectively) stood disqualified under Section 13-A of the Haryana Municipal Act, 1973. The disqualification was said to have occurred in the case of Niranjan Lal on the birth of his son on 3.9.1996. Since Niranjan Lal had already four children, the birth of the fifth child was said to be a factor for disqualification under Section 13A(l)(c) of the Haryana Municipal Act. In the case of Smt. Sarti Devi, it was alleged that she had given birth to a son on 14.10.1995 through she had already three children. The petitioner's aforesaid application seeking disqualification of the two respondents, was forwarded by the Deputy Commissioner to the S.D.O.(C) on 9.4.1997 for further necessary action. No action was, however, taken by the S.D.O. (C). A notice dated 17.4.1997 was issued by the S.D.O.(C) for convening a special meeting of the Municipal Committee, Ferozepur Jhirka, on 2.5.1997 for considering a "no confidence motion" against Smt. Budho Devi. This notice was however, dispatched by registered post to the petitioners and other members of. the Municipal Committee on 19.4.1997. The petitioner received this notice on 21.4.1997. Since the meeting had been fixed for 2.5.1997, the notice is said to be bad inasmuch as 15 days time, as required in the relevant rule, was not given.

(3.) The petitioners have challenged the convening of the meeting on two grounds: