SMT. SURESH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The prayer in the present petition is for quashing of impugned notices dated 19.01.2018 (Annexure P-4) and 22.01.2018 (Annexure P-5), whereby, meeting was convened for no confidence motion against the petitioner. A prayer has also been made for stay of the proceedings further.

(2.) Briefly, the facts of the case, as made out in the present petition, are that the petitioner was elected as member of the Panchayat Samiti, Lakhan Majra, District Rohtak during the elections held on 17.01.2016. Thereafter, he was elected as Chairman of the Panchayat Samiti on 09.03.2016. No confidence motion against the petitioner was moved by nine members of the Panchayt Samiti and for that purpose, a meeting was convened on 05.07.2017 in the Office of Block Development and Panchayat Officer, Lakhan Majra to discuss no confidence motion against the petitioner-Chairman.

(3.) Aggrieved by notice dated 27.06.2017, the petitioner had approached this Court by way of filing Civil Writ Petition No. 15171 of 2017 which was allowed vide order dated 20.12.2017 and the impugned notice dated 27.06.2017 and resolution dated 05.07.2017 were set aside. Again on 19.01.2018, a notice for 'no confidence motion' was received by the petitioner. Thereafter, another similar notice dated 22.01.2018 was also sent. In response to said two notices dated 19.01.2018 and 22.01.2018, the petitioner sent a letter to respondent No. 4 i.e the Additional Deputy Commissioner, Rohtak stating therein that previously also, 'no confidence motion' was moved against her and the writ petition filed by her was allowed in view of provisions of Section 62 of the Haryana Panchayati Raj Act, 1994 (here-in-after referred to as 'the Act, 1994) as 'No confidence motion' could not be moved within a period of one year.