The validity of a 'No Confidence Motion' and the applicability of Rule 70 of the Haryana Municipal Election Rules, 1978 in determining the replacement of the President of a Municipal Committee.

Alok Singh, J. (Oral) - Present petition is filed seeking the following reliefs:-

(1) To quash the decision of the respondents communicated vide letter dated 1.6.2011 (Annexure P-12) vide which the petitioner is not being permitted to be considered as eligible Municipal Councilor to be elected to the post of President, Municipal Committee, Nilokheri;

(2) To direct the respondents to declare, appoint and notify the petitioner as President of Municipal Committee, Nilokheri;

(3) To quash the decision of the respondents dated 25.5.2011 (Annexure P-10) vide which election for the post of President, Municipal Committee, Nilokheri to be held on 10.6.2011; and

(4) To quash the decision of the respondents to remove the petitioner from the post of President, Municipal Committee, Nilokheri vide meeting dated 22.12.2010 and 27.12.2010.

2. Brief facts of the present case, inter-alia, are that in election held on 22.2.2008 for Municipal Committee, Nilokheri, District Karnal, petitioner was elected from Ward No.7 under the Scheduled Caste woman category; in a meeting held on 20.3.2008, petitioner was elected as President of Municipal Committee, Nilokheri being the Scheduled Caste woman; petitioner's election as President of Municipal Committee, Nilokheri was notified on 1.4.2008; on 27.9.2010, some of the councilors made complaint against the petitioner, the President of Municipal Committee, Nilokheri and one of the members filed CWP No.17865 of 2010 before this Court seeking mandamus to the authorities to initiate proceedings against the petitioner to discuss “No Confidence Motion”; on 24.11.2010, during the pendency of CWP No.17865 of 2010, the Deputy Commissioner, Karnal and the Sub Divisional Officer (Civil), Karnal issued direction for convening a special meeting for 22.12.2010 in the office of the Municipal Committee, Nilokheri to discuss “No Confidence Motion” against the petitioner; petitioner filed CWP No.22432 of 2010 before this Court assailing notice dated 24.11.2010 to convene a meeting to discuss “No Confidence Motion”, however, the writ petition filed by the petitioner challenging the notice calling meeting to discuss “No Confidence Motion” was dismissed by this Court against which the petitioner filed LPA No.1793 of 2010 before the Division Bench of this Court, which too was dismissed as withdrawn on the statement of learned counsel for the petitioner; meeting was held to discuss “No Confidence Motion” against the petitioner on 22.12.2010 wherein “No Confidence Motion” was accepted against the petitioner; petitioner was removed from the post of President of Municipal Committee, Nilokheri pursuant to the meeting held on 22.12.2010; on 1.6.2011, communication was issued that since there is no other scheduled caste woman member in the Municipal Committee, Nilokheri, therefore, this time post of President may be filled from the Scheduled Caste male category councilor. Feeling aggrieved, present petition has been filed by the petitioner challenging the resolution accepting “No Confidence Motion”, assailing the communication dated 1.6.2011 thereby directing to elect the President from the Scheduled Caste male category (councilor) and for mandamus to command the respondents to appoint the petitioner once again President of the Municipality being only elected candidate in Scheduled Caste woman category.

3. Mr. Karan Nehra, learned counsel appearing for the petitioner vehemently contends that since as per Rule 70 of the Haryana Municipal Election Rules, 1978 (hereinafter called the 1978 Rules), only three posts of President in different Municipal Committees in Haryana are reserved for the Scheduled Caste woman category. However, the President from the Scheduled Caste woman category can easily be removed by passing “No Confidence Motion” by other councilors belonging to higher caste, therefore, “No Confidence Motion” should not be allowed to be held against the President belonging to Scheduled Caste woman councilor. Learned coun