Adarsh Kumar Goel, A.C.J. - (1.) THIS appeal has been preferred against the order of learned Single Judge declining to interfere with the meeting notice for election to the post of President, Municipal Committee, Nilokheri contemplating reservation for a male scheduled Caste member in place of the Appellant against whom 'no confidence motion' has been passed.
(2.) THE Appellant was elected as member of the Municipal Committee, Nilokheri in election held on 22.2.2008 from ward No. 7 under the scheduled caste woman category. She was elected as President on 20.3.2008 against reserved post under Rule 70 of the Haryana Municipal Election Rules, 1978 read with Section 10(5) of the Haryana Municipal Act, 1978 and Article 243 T (4) of the Constitution. Requisite majority of the Councilors moved 'no confidence motion' under Section 21 of the Act on the basis of certain complaints and after due consideration the said motion was carried in meeting held on 22.12.2010. The petition of the Appellant against holding of meeting was dismissed which order was upheld by Division Bench in appeal. Thereafter, process of electing new President was initiated and in the impugned letter it was mentioned that since there was No. female scheduled caste member available, male scheduled caste member could be elected as President.
(3.) AGGRIEVED thereby a petition was filed by the Appellant with the contention that even if 'no confidence motion' was carried against her, she continues to be eligible and male scheduled caste member could not be appointed as President of the Municipal Committee as contemplated in the impugned letter.;