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2018 Supreme(HP) 1820

SANJAY KAROL, AJAY MOHAN GOEL
Ramesh Kumar – Appellant
Versus
State Of H P – Respondent


Advocates Appeared:
Shrawan Dogra, Adv., Nishi Goel, Adv., Ashok Sharma, Adv., Ranjan Sharma, Adv., Rita Goswami, Adv., Nand Lal, Adv.

JUDGMENT

Sanjay Karol, A.C.J. - By means of the present Writ Petition, we are called upon to answer the following questions:

    (a) As to whether motion of no-confidence, as envisaged under Section 129 of the Himachal Pradesh Panchayati Raj Act, 1994 (hereinafter referred to as the Act) must precede, by way of an Ordinary or a Special Meeting envisaged under Section 80 of the Act?

      (b) As to whether quorum in a meeting, considering resolution of a motion for noconfidence against Chairman/Vice Chairman of the Samiti, is to be the one prescribed under Section 80 or 129 of the Act?

        (c) As to whether resolution, recording the intent of the Members to move a motion of no-confidence, or notice of intention to move a resolution, requiring the Chairman/ Vice Chairman to vacate their offices, as envisaged in Form-32, so prescribed under Rule 128 of the Himachal Pradesh Panchayati Raj (General) Rules, 1997 (hereinafter referred to as the Rules), is necessarily required to be supplied to the person against whom such resolution is sought to be moved or is it only Form-33 which is required to be supplied?

          (d) As to whether Rule 134 of the Rules mandates the Presiding Authority to necessarily record

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