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2020 Supreme(P&H) 796

DAYA CHAUDHARY, MEENAKSHI I.MEHTA
Sheela Sehgal – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Chanchal K. Singla, Advocate for the Appellant; Mr. S. S. Pannu, DAG, Haryana for respondents No.l to 3. Mr. Vishal Garg, Advocate for respondent No.4. Mr. Balraj S. Rathee, Advocate for respondents No.5 to 19. Mr. Gaurav Aggarwal, Advocate for respondent No.20

JUDGMENT

Daya Chaudhary, J. - Petitioner has approached this Court with the prayer for quashing of proceedings dated 01.08.2018 (Annexure P-5) whereby 'No Confidence Motion' dated 19.06.2018 has been moved against the petitioner by some of the Councillors.

2. Petitioner was elected as Councillor from Ward No.16, Sirsa and thereafter he was elected as President. 'No Confidence Motion' was moved by some of the Councillors from different wards. There were total 31 elected Councillors and 'No Confidence Motion' was moved by some of the Councillors by putting their signatures showing themselves to be 2/3 rd of the total. Respondent No.3 - Sub Divisional Officer, Sirsa (Civil) convened a meeting by circulating a letter dated 26.06.2018 by annexing the list of the Councillors who had signed 'No Confidence Motion'. The meeting could not be convened on 12.07.2018 due to non-availability of the SDO (Civil), Sirsa and thereafter it was convened on 01.08.2018. As per the case of the petitioner, 'No Confidence Motion' was moved by 20 Members, which was clear from the signatures of the Councillors. For moving 'No Confidence Motion', 2/3 rd Councillors were required. For showing 2/3 rd majority of

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