Chandigarh, May 24, 2011. A Division Bench of Punjab and Haryana High Court today issued notice of motion to Smt. Manjit Kaur Dalli, President Municipal Council, Dera Bassi & others for July 5, 2011, on an appeal filed by 9 members of the Municipal Council, Dera Bassi, challenging the validity of the order dated 2 May, 2011 passed by a Ld. Single Judge by which the Hon’ble Judge had stayed the holding of the meeting of the Municipal Council, Dera Bassi convened by 10 members to pass a vote of no-confidence against the President.
Hon’ble Mr. Justice A. K. Goel and Mr. Justice A. K. Mittal constituted the bench.Mr. Satya Pal Jain Senior Advocate with Mr. Dheeraj Jain and Mr. Davesh Moudgil, counsels for the appellants, submitted that out of total 14 members of the Municipal Council, Dera Bassi, 10 members convened a meeting of the council to consider a motion of no confidence against the President. When the President did not convene the meeting, the 10 members themselves convened the meeting for May 2, 2011 under Section 25 of the Punjab Municipal Act. He said that the President, instead of facing the 2/3 majority, filed a writ petition in the Hon’ble Court and the Ld. Single Judge on the 1st day itself, stayed the holding of the meeting on the ground that under Bye-laws 27 of the Model Business Byelaw, a no-confidence motion could not be re-considered before 6 months of earlier motion. Mr. Jain said that Byelaw 27 is not applicable to the no-confidence motion and in any case, these byelaws have never been adopted by the Municipal Council, Dera Bassi. He said that the Ld. Judge, while granting stay, wrongly relied on Byelaw 27 which, in fact, is not at all applicable to the case. He also cited judgments from the Supreme Court and Punjab and Haryana High Court which say that if 2/3 members of the Committee vote against the President, such a person should quit and no technicalities can be invoked to save a person who has lost the faith of the people.
He said that the interim order passed by the Hon’ble Judge practically amounts to allowing the writ without trial and that too on a byelaw which has no existence in law.