K.S.GAREWAL, J. - (1.) SEEMA Chaudhary was elected President of Municipal Council, Panchkula in January 2003 for a term of five years. The Municipal Council has 31 elected and 2 nominated members, the nominated member being the local M.L.A. and the M.P. This takes the total number of members to 33.
(2.) THE sole question to be determined in this petition is whether the petitioner was democratically removed from Presidentship when the no confidence motion against her was carried on April 12, 2005 ? The Haryana Municipal Act, 1973 lays down that a motion of no confidence against the President may be made in accordance with Section 21 at a meeting convened in accordance with Rule 72-A of the Haryana Municipal Rules. Deputy Commissioner is required to convene a meeting for consideration of the motion in the manner laid down in the Rules. If the motion is carried with the support of not less than 2/3rd of the elected members of the Committee, the President shall be deemed to have vacated his office. In the meeting convened on April 12, 2005 by the Sub Divisional Officer (Civil), Panchkula 26 members of the Municipal Council took part. 25 members cast their vote (23 in favour of the motion and 2 against). The motion was thus passed.
(3.) SEEMA Chaudhary's contention is that the motion of no confidence against her was submitted to Deputy Commissioner, Panchkula on March 15, 2005. The Deputy Commissioner authorized the S.D.O. (Civil) to convene the meeting of the members. Consequently on March 16, a notice was issued to all members for the meeting to be held on April 1, 2005 but no meeting was held on that day. S.D.O. (Civil) convened another meeting for the same purpose to be held on April 12, 2005. According to the learned counsel for the petitioner the second meeting could not be convened before the expiry of a period of six months from the previously convened meeting. It has also been submitted that Seema Chaudhary had earlier filed C.W.P. 5010 of 2005 on March 28, 2005 demanding that the voting on the no confidence motion, scheduled for April 1, should be by secret ballot. The Bench issued notice of motion for March 31, the Sub Divisional Officer (Civil) appeared through counsel and filed his reply. On April 1, at 10.00 a.m. S.D.O. (Civil) was present in person and stated that voting for the no confidence motion shall be conducted by secret ballot. The petition was dismissed as withdrawn.;