OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through this writ petition, the petitioners have sought for quashing of the proceedings of the meeting of no-confidence in respect of Municipal Committee, Bhiwani, held on May 26, 1988.

(2.) The petitioners earlier filed Civil Writ Petition No. 4485/1988 which came up for hearing before us on May 25, 1988, and was disposed of with the following observations :-

(3.) Thus, the meeting of no-confidence motion was held as per our directions. The no-confidence motion was carried out against the President and the Senior Vice President. The meeting was presided over by Shri R.S. Kailley, I.A.S., Director of Local Bodies, as directed by us on May 25, 1988. Mr. R.S. Kailley, vide his D.O. letter No. PA-DLB/88/30701 dated 27th May, 1988, informed the Advocate-General Haryana about the proceedings of the meeting. The Advocate-General has placed the said letter, in original, on record. In that letter, Mr. Kailley has pointed out that in the meeting Shri Narain Dass, Municipal Commissioner, proposed that Shri Bhim Sain, President, had lost the confidence of the members of committee and that he should be removed from the office. Thirty-three members had attended the meeting and signed the Proceedings Book. Immediately after the proposal, 24 Municipal Commissioners stood up to support the proposal of Shri Narain Dass, and the proposal was carried out. In the final counting of ballot papers it was found that 27 ballots were cast in favour of the no-confidence motion against the President Shri Bhim Sain while 26 ballots were cast in support of the no-confidence motion against the Senior Vice President Shri Harphul Singh. After the counting, the Presiding Officer declared that the motion of no-confidence against the President as well as the Senior Vice President had been carried.