REENA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed by petitioner-Reena under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of impugned notice dated 19.02.2018 (Annexure P-1), whereby, 'No Confidence Motion' in terms of Section 21 of the Haryana Municipal Act, 1973 has been called against the petitioner. A further prayer has also been made for issuance of a direction to respondent No.1 to notify the resignation of respondents No.4 to 6 accepted by respondent No.3 i.e Deputy Commissioner in the official gazette in terms of Section 13 of the Haryana Municipal Act, 1973.

(2.) Briefly, the facts of the case, as made out in the present petition are that the petitioner was elected as the President of the Municipal Committee, Mahendergarh on 07.07.2016. The Municipal Committee comprises of total 15 elected members and one member is from the Legislative Assembly and one member of Parliament. Said two members are the nominated members in terms of Section 9(3)(ii) of the Haryana Municipal Act, 1973 (here-in-after called as 'the Act). Meaning thereby, the total members of the Municipal Committee, Mahendergarh are 17. Out of the total elected members, 10 elected members signed a resolution of 'No Confidence Motion' against the petitioner on 19.02.2018. There were allegations of dictatorial attitude/nature of the petitioner and her discriminatory attitude. In pursuance of said resolution, a notice dated 19.02.2018 was issued by the Deputy Commissioner, Mahendergarh for calling 'No Confidence Motion' against the petitioner in view of provisions of Section 21 of the Act on 08.03.2018. All the members were requested to be present for said purpose. Out of total members, three of the elected members of the Committee are those, who had signed the said resolution, had already submitted their resignations from the membership of the Committee to the Deputy Commissioner on 01.12.2017. As per case of the petitioner, said resignations were duly accepted by the Deputy Commissioner on 18.12.2017 and were forwarded for notification in the official gazettee to the Principal Secretary to Government of Haryana (respondent No.1). Three members, who earlier signed the 'No Confidence Motion' also sent a letter to the Secretary, Municipal Committee, Mahendergarh on 13.12.2017 for withdrawal of their resignation dated 01.12.2017 by mentioning detailed reasons. The resignations were already accepted by the Deputy Commissioner vide order dated 18.12.2017 i.e much prior to letter dated 01.01.2018 (Annexure P-3).

(3.) The petitioner has challenged impugned notice/letter dated 19.02.2018 (Annexure P-1), whereby, a special meeting was convened with regard to 'No Confidence Motion' against the petitioner.