GURDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) A meeting of the newly elected members of the Municipal Council, Bareta for the purpose of electing President and Vice-President of the Municipality, as contemplated by Section 20 of the Punjab Municipal Act, 1911 (hereinafter 'the Act' for short) read with Rule 3 of Punjab Municipal (President and Vice-President) Election Rules, 1994 (hereinafter 'the Rules' for short) was convened for 7th April, 1998. There are 13 members of the Municipal Council. The local member of the legislative assembly is an ex officio member of the Council, who was Shri Hardev Singh Arshi at the relevant time.

(2.) On 7-4-1998 only 5 out of 13 elected members were present which did not make the quorum for the convened meeting. The convener of the meeting, therefore, adjourned the meeting for want of quorum to 11-4-1998 at 11 a.m. to be held in the office of the Municipal Council, Budhiada.

(3.) On 11-4-1998, the thirteen elected members and ex officio member Shri Hardev Singh Arshi, M.L.A. were all present at the appointed time and place. The meeting commenced. It was presided over by Shri Tej Kumar Goyal, P.C.S., General Assistant to the Deputy Commissioner, Mansa, as convener. As contemplated by Rule 3, oath of allegiance was administered to all the elected members. Proposals were then invited for the post of the President. The names of Shri Lachman Dass and Shri Gurdeep Singh were duly proposed and seconded. As there was a contest, the convener proceeded to call for voting. Shri Mohinder Singh, who had proposed the name of Shri Gurdeep Singh demanded the election to be held through open ballot. The convener declared that the Rules contemplated election by secret ballot. However, Shri Gurdeep Singh, Shri Mohinder Singh and their followers refused to abide by the opinion of the Presiding Officer and insisted on open voting. On the convener having refused to accede with their demand, Shri Gurdeep Singh, Shri Mohinder Singh and 6 others, i.e. in all 8 members, staged a walk out by leaving the place of the meeting.