CWP No.5016 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Civil Writ Petition No.5016 of 2010 Date of decision: 19.3.2010 Ranbir Singh ...Petitioner Versus State of Haryana & another ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Vivek Sharma, Advocate, for the petitioner. Rajan Gupta, J. (oral) The petitioner has sought a writ in the nature of certiorari for quashing notice dated 10.3.2010, Annexure P-3, issued by Sub Divisional Officer (Civil) Beri, whereby a meeting is sought to be convened for electing President of the Municipal Council, Beri. Brief factual background of the case is that election to Municipal Council, Beri was held on 20.1.2008 and petitioner was elected as one of the members of the Municipal Council. There were total 13 members elected in the said election. The petitioner was served with a notice dated 4th December, 2009 for conveying the meeting to pass a 'no confidence' against him on 17th December, 2009. The petitioner, however, challenged the said notice by way of civil suit alleging that the motion against him was motivated. A restraint order was passed by the civil court. Liberty was, however, granted to the respondents to hold a meeting as per rules after giving a notice of not CWP No.5016 of 2010 2 less than 15 days in terms of Rule 72-A of the Municipal Elections Rules, 1978. Resultantly, another notice dated 21st December, 2009 was issued for convening meeting of the Municipal Council on 7th January, 2010 to consider no confidence motion against the petitioner. It appears that the petitioner again challenged the same by filing a civil suit. The suit was later withdrawn. The petitioner filed writ petition (CWP No.1154 of 2010) before this court, which was dismissed as withdrawn on February 05, 2010 with liberty to avail of alternative remedy, if any. He thereafter, preferred an appeal against the impugned notice before respondent No.1. However, during the pendency of the appeal, notice Annexure P-3 was issued proposing to call the meeting of Municipal Council, Beri on 19th March, 2010. Aggrieved, the petitioner has preferred the present petition. Learned counsel for the petitioner has argued that in case the meeting is allowed to be held, his interest would be severely prejudiced. According to him, all action against the petitioner is motivated and certain members of the Municipal Council are opposing him due to political reasons. I have heard learned counsel for the petitioner and given careful thought to the facts of the case. The petitioner has challenged the notice dated 10th March, 2010, Annexure P-3, whereby meeting of Municipal Council Beri has been called for 19th March, 2010. It is inexplicable as to how the present writ petition is maintainable. In case no confidence motion is to be considered against the petitioner in the CWP No.5016 of 2010 3 meeting sought to be held on 19th March, 2010, the petitioner can possibly have no grievance against the same. In a democratic process, members of an elected body are perfectly within their rights to move a no confidence motion in case they have lost faith in a particular elected representative, provided the same is in conformity with the Act and rules. Learned counsel for the petitioner has not been able to show infringement of any statutory provision while issuing notice, Annexure P-3. His only grievance is that certain members are acting against him in malicious manner. As already observed, since matter pertains to a Municipal Council, to which members are elected through election, existence of political factors is normal. This court would refrain from interfering in such matters in writ jurisdiction of this court, unless there is infringement of some legal provision. The petition is, thus, devoid of merit and the same is hereby dismissed. (RAJAN GUPTA) JUDGE 19.3.2010 'rajpal'