HC declares Zirakpur no-confidence meeting invalid, fixes fresh date under court’s supervision

The Punjab and Haryana High Court has held that the “no confidence motion” meeting against Zirakpur Municipal Council president Udayvir Singh Dhillon held on July 15 was invalid, as it had not been convened by a competent authority under the Punjab Municipal Act, 1911. The Bench clarified that only the president or vice-president could fix such a meeting, and no other authority was empowered to do so.

“The meeting dated July 15, 2024, was never called by the president, which is a conceded fact before this court. Rather, the meeting was called by the executive officer… That being so, it now becomes a concluded fact that the meeting dated July 15, 2024, was not called by the competent authority,” the Bench of Justice Harsimran Singh Sethi and Justice Vikas Suri ruled.

After hearing senior advocate DS Patwalia, counsel Bikramjit Singh Patwalia and ADS Jattana, the Bench added that the meeting for “all intents and purposes” could not be treated as valid one summoned in accordance with Section 25 of the Punjab Municipal Act, 1911. As such, resolution of no confidence motion passed against the president on July 15, 2024, could not be treated as a valid resolution.

The court traced the controversy to the requisition dated June 28, 2024, moved by one-fifth of the elected members to bring a no-confidence motion. Acting on this, the president had on July 3 fixed the meeting for July 5, well within the statutory timeline. That meeting, however, saw only five councillors. It was treated by members and the administration as adjourned owing to inadequate security.

Once adjourned, the court held, “the next meeting could have only been fixed by the president, which procedure was concededly not adopted.” The second meeting of July 15 called by the executive officer was therefore a nullity.

At the same time, the Bench underlined that a requisition moved in a democratic set-up “has to be respected.” Once it had been moved by the required member for raising no confidence motion against the president, it was required to be respected. “The proceedings in pursuance to the requisition have to be held so that the Municipal Council, Zirakpur, is able to work in a democratic way as per the provisions of the Punjab Municipal Act, 1911,” the Bench observed.

Given the impasse, the court fixed the fresh date for the no-confidence meeting, exercising authority with the consent of the parties. It ordered that the meeting be held on October 3 at 2 pm in the office of the Municipal Council, Zirakpur, with proceedings to be videographed. Mohali Deputy Commissioner was directed to ensure a “free and fair” conduct and prevent any disruptive atmosphere.

To safeguard the process, the court also appointed advocate Gurpreet Singh as an observer. “In case the president survives the no confidence motion initiated against him, he will continue to hold the office. The president is directed to convene the meeting for election to vice-president’s post within 30 days by following due process of law,” the Bench asserted, adding that the Deputy Commissioner would hold the vice-president’s election within a month of October 3, if he failed the motion.