JUDGMENT :

Sureshwar Thakur, J.

Through the instant writ petition, the petitioner herein prays for the issuance of a writ of Certiorari for quashing the impugned proceedings and order dated 13.11.2024 (Annexure P-7), passed by respondent No.5, wherebys the no confidence motion introduced in the appositely convened meeting was declared to become successfully passed. Subsequent thereto the petitioner became removed from the post of Chairman, Panchayat Samiti, Momi, District Panchkula. She also prays for staying the operation of impugned proceedings and is seeking the staying of the order dated 13.11.2024 (Annexure P-7). She further prayed that the respondent No.5 be restrained from conducting elections to the post of Chairman, Panchayat Samiti, Momi, District Panchkula.

Facts of the case

2. The petitioner contested the election of Member, Panchayat Samiti, Momi, District Panchkula from Ward No.6 and won the election. There were total 10 members of Panchayat Samiti, Morni, District Panchkula. The petitioner having the majority was elected as Chairman of Panchayat Samiti, Morni, District Panchkula. During the tenure of 02 years, there has been no complaint of any sort against the work and conduct of the petitioner.

3. On 05.11.2024, 07 members namely (1) Kamal Singh from Ward No.3, (2) Sonia from Ward No.4, (3) Partap Singh from Ward No.5, (4) Poonam Kumari from Ward No.7, (5) Baldev Singh Rana from Ward No.8, (6) Kusum Lata from Ward No. 9 and (7) Sat Pal from Ward No. 10, allegedly moved an application before the Deputy Commissioner, Panchkula, for immediately convening a meeting for the purpose of considering the passing of No Confidence Motion against the Chairman and Vice Chairman Panchayat Samiti, Morni, District Panchkula.

4. On the same day, the Deputy Commissioner, Panchkula passed the following orders on the (supra) application, whereby the ADC, Panchkula, was directed to do the needful.

'To issue notice for the meeting as per act after ensuring his/her satisfaction that pre-requisites are met for such a meeting under relevant act and rules and the respondent No. 5 fixed the meeting on 13.11.2024. '

5. The notices were allegedly issued to all the members through registered post and the notices were also sent to all members through BD & PO, but owing to non-availability of members, in their houses or on account of refusal, the notices were allegedly pasted on their respective houses.

6. In fact, the said story is averred to be completely concocted and is also averred to be falsified, from the fact, that notices were not sent to three members i.e. the petitioner as well as the one Gulab Singh from Ward No.l and the one Anjana Sharma from Ward No.2, through WhatsApp, on 05.11.2024, though the notices are also shown to have been sent to all members through registered post on 05.11.2024. Although, notices are also shown to have been pasted on the houses of 07 members, but they are not shown to have been pasted on the house of the petitioner as well as on the houses of Gulab Singh and Anjana Sharma. Therefore, it is averred that once the notices are shown to have been pasted on the house of 07 members, therebys there emerges no valid reason for the non pasting thereofs rather on the respective house(s) of the petitioner as well as of Gulab Singh and of Anjana Sharma. Resultantly, it is averred that the apposite non pastings, do engender some suspicion. The notices dated 05.11.2024 are also shown to have been pasted on the notice board of office of Deputy Commissioner, ADC as well as BD & PO, but the (supra) apposite pastings are also stated to be false.

7. On 13.11.2024, a meeting is shown to have been convened in the office of the Deputy Commissioner, Panchkula at 12:30 noon, whereins 07 members are shown to have participated and all the 07 members are alleged to have voted in favour of the No Confidence Motion. Since 07 members out of total 10 members have voted in favour of the No Confidence Motion, thus the same was declared to beco