SUMAN VERMA Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioners are the President and Vice- President respectively of Municipal Council, Kangra. There are nine elected members in this Municipal Council. A No Confidence Motion was moved against the present petitioners signed by five members including one Ashwani Kumar. The Sub Divisional Officer (Civil), Kangra issued notice dated 12.3.2007 (Annexures PC & PD), convening the special meeting to consider the said no confidence motion moved by the members of Municipal Council against the President and Vice President. This meeting was fixed at 11.A.M. on 28.3.2007.

(2.) THEREAFTER , the petitioner filed the present writ petition in this Court, challenging the action of the respondents on various grounds. According to the petitioners, Annexures PC and PD should be quashed and set-aside and they had also alleged that the no confidence motion was not moved or signed by Ashwani Kumar, one of the Ward Member elected from Ward No.3 and he was kidnapped by the other ward members. The allegations in this behalf are contained in para-16 of the petition and read thus:-

(3.) IT would be pertinent to mention here that serious allegations of kidnapping were leveled by the petitioners against the four members of the Municipal Council namely, Bal Krishan Sharma, Smt. Bhawna Gupta, Shri Ashok Sharma and Smt.Urmil Sharma. However, the petitioner did not deem it fit or proper to array the alleged kidnappers and the so-called kidnapped person Ashwani Kumar as parties in the writ petition. It is obvious that no order could have been passed at the back of the said persons.