Back
SUDHIR SINGH, HARSH BUNGER
Harish Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
(Sudhir Singh, J.) :
By way of the present writ petition under Article 226/227 of the Constitution of India, the petitioner seeks a writ of Certiorari for quashing the proceedings dated 11.05.2023 (Annexure P-2), whereby No Confidence Motion was passed against the petitioner, who was the Vice President in Municipal Committee, Uklana. A further prayer has been made for staying operation of the impugned proceedings and the proceedings for holding fresh election for the post of Vice President in Municipal Committee, Uklana.
2. The facts, as would emerge from the writ petition are that in the year 2021, the elections of Municipal Committee, Uklana for Municipal Councilors from different wards were held. In the said elections, the petitioner was elected as a Municipal Councilor from Ward No.7. The Municipal Committee, Uklana consists of total 13 Wards and as such there are total 13 elected Municipal Councilors. It is the case of the petitioner that after the aforesaid elections, the petitioner was elected as Vice President on 19.03.2021, unanimously and, accordingly, he took oath of the office. On 28.03.2023, a resolution was passed for calling a special meeting of the Municipa
Participation in subsequent elections after a No Confidence Motion constitutes a waiver of the right to challenge the motion, reinforcing principles of estoppel.
Point of Law - Under section 13 of the Gujarat Panchayats Act, 1993, every panchayat, unless sooner dissolved under this Act shall continue for five years from the date appointed for its first meetin....
A no-confidence motion against a municipal Vice-Chairperson is valid without the necessity of specific reasons in the resolution, and adherence to statutory notice requirements fulfills procedural ju....
The main legal point established in the judgment is that a no confidence motion must be passed by a minimum of two-thirds majority of the total number of elected Councillors and must be proposed and ....
No Confidence Motion has been passed with regular procedure as contemplated under the Act and passed as per the requirement of law in which the petitioner participated throughout, the resolution pass....
Gram Panchayat members with caste validity certificates obtained and submitted prior to or soon after election are not automatically disqualified under Section 10(1A) and can validly participate in n....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
