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1999 Supreme(P&H) 1305

S.S.SUDHALKAR
Shri Krishan Gupta President, Municipal Committee – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Petitioner:Mr. S.K. Mittal, Advocate.
For the Respondent Nos. 5 and 6:Mr. Bhoop singh, Advocate.
For the Respondent No. 1: Mr. Raghubir Chaudhary, Senior Deputy General, Haryana.

JUDGMENT

S.S. Sudhalkar, J. - In December, 1994, election of Municipal Committee, Mohindergarh was held. In the said election, petitioner Krishan Gupta was retuned as a Municipal Commissioner. Earlier, Leela Ram Saini respondent No. 6 was returned as President of the Municipal Committee. Haryana Municipal Second Amendment Act, 1966 (hereinafter referred to as the "Amendment" received the consent of the Government of Haryana on 8.12.1996. Thereafter in the meeting of "No Confidence Motion" held against Leela Ram Saini, 9 out of the 13 elected members voted in favour of the motion and 4 voted against it. Since 2/3rd members had voted in favour of "No Confidence Motion", the motion was passed. On the removal of Leela Ram Saini from the office of the President, again election of the President was held and petitioner Krishan Gupta was elected as President of Municipal Committee.

2. On 17.6.98 a meeting for considering "No Confidence Motiion" against the petitioner was convened. Out of the 13 members, 9 participated in the meeting and all the 9 members cast their votes in favour of the "No Confidence Motiion" and the motion was passed by 2/3rd majority of the members. After the said " No








































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