- (1.) This Letters Patent Appeal has been directed against the order dated 25.1.2012 passed by the learned Single Judge, whereby the writ petition (Civil Writ Petition No. 19883 of 2011) filed by appellant Vijay Kumar Sandoha, challenging the resolution dated 13.10.2011 (Annexure P-7) passing 'No Confidence Motion' against him by two-third of the members of Municipal Council, Maur, District Bathinda (hereinafter referred to as 'the Municipal Council'), has been dismissed. Though there is delay of 5 days in filing the appeal and the appellant has filed application (CM No. 1020-LPA of 2012) for condoning the delay, yet we have heard learned counsel for the appellant on merits, and gone through the order, passed by the learned Single Judge.
(2.) In the present case, the Municipal Council consists of 15 elected members and one ex-Officio member, i.e. MLA of the area. Elections of the Municipal Council were held on 30.6.2008 and one Sukhchain Singh, Municipal Councilor, was elected as President of the Municipal Council. Subsequently, on 30.6.2010, by passing 'No Confidence Motion' against him, he was removed from the office of the President of the Municipal Council. Thereafter, on 30.12.2010, the appellant was elected as President of the Municipal Council.
(3.) On 16.9.2011, 12 members of the Municipal Council submitted a requisition for convening meeting of the Municipal Council to consider 'No Confidence Motion' against the appellant. On that requisition, meeting of the Municipal Council was convened for 13.10.2011. On that day, 11 members (two-third of 16 members of the Municipal Council) attended the meeting. In the absence of the President (appellant) of the Municipal Council, Smt. Harbans Kaur, Municipal Councilor, was unanimously elected as Chairman to preside over the meeting, and under her Chairmanship, all the 11 members, who were present in the meeting, unanimously passed the resolution of 'No Confidence Motion' against the appellant.;