- (1.) THE petitioner has sought issuance a writ of certiorari for quashing the impugned notice dated 1-12-1993, Annexure P-2, vide which respondent No. 3 adjourned the meeting called to consider the no-confidence motion of the ground that it lacked the requisite quorum.
(2.) PURSUANCE to the notice of motion issued by the Court to the Advocate General, Haryana respondents put in appearance and filed written statement challenging the maintainability of the writ petition as well as merit of the petition. Since the matter was urgent, the same was taken up for final adjudication at the motion hearing.
(3.) THE petitioner was elected as President of the Municipal Committee, Narnaul, and as per averments in the petition he had been discharging the duties honestly and sincerely as President of the Municipal Committee. Municipal Committee has 19 elected members and 2 members have been nominated. Thus the total strength of the members of the Municipal Committee, Narnaul, is 21. Members belonging to the opposite group of the petitioner submitted a requisition to the Deputy Commissioner, Narnaul for calling meeting for passing the No Confidence Motion against the petitioner. Before such a meeting should be convened by Deputy Commissioner, members opposing the petitioner chose to file C. W. P. No. 12640 of 1993, Mukat Bihari Sanghi v. State of Haryana seeking mandamus to the Deputy Commissioner for convening the meeting of the Municipal Committee. It is during the motion hearing of the petition that the S. D. O (C) Narnaul as nor order of the Deputy Commissioner, Narnaul, issued a notice on 22. 11. 1993/u/s 21 (2) of the Haryana Municipal Act, 1973 for convening the meeting of Municipal Committee to consider no confidence motion on 1. 12. 1993 at 11. 00 a. m. Since the meeting had been convened, the writ petition was dismissed as infructuous. In view of the notice issued by the S. D. O. (C) respondent No. 3, two members came present on 1. 12. 1993 at 11. 00 a. m. at the office of the Municipal Committee, Narnaul. The Chairman of the Committee i. e. S. D. O. (C) respondent No. 3 adjourned the meeting for 10-12-1993 on the ground of non completion of quorum. It is this order which is being challenged in this writ petition.;