KITAB SINGH Vs. DEPUTY COMMISSIONER FATEHABAD

JUDGEMENT

(1.) IN the meeting of Municipal Council, Fetehabad held on february 11, 2007 at 11. 00 a. m. the no confidence motion against Kitab Singh petitioner, president of the Municipal Council was passed. The meeting had been presided over by Sub Divisional Officer, Tohana, attended by 22 members of the Council including paramveer Singh MLA. The motion was passed by 19 members voting in favour of the no confidence motion.

(2.) KITAB Singh has filed the present petition to challenge the no confidence motion passed against him. According to the petitioner passing of the motion by show of hands was impermissible. The motion should have been put to vote and considered through casting of secret ballot.

(3.) THE petitioner has asserted that he had vehemently objected to the consideration of the motion by show of hands. His objection was not considered, he along with two other supporters walked out of the meeting. As no specific procedure was provided by Rule 72-A (4) of the Haryana Election municipal Rules, 1978, general principles of democratic functioning required that the motion should have been put to vote through process of secret ballot.