SHIV KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner seeks a direction quashing the order of the Lieutenat-Governor dated 7th July, 1970 appointing Shri Bhagwan Singh (fourth respondent) as the President of the Municipal Committee, Paonta, under proviso to section 19(1) of the Himachal Pradesh Municipal Act (19 of 1968), which was passed in the following circumstances.

(2.) . Under the Punjab Small Towns Act, 1921 a Small Town Committee for Paonta Sahib was formed, five persons including the petitioner and the fourth 'respondent having been elected to the said committee on 28th February, 1968 On 3rd Febrnary, 1989 the Himachal Pradesh Municipal Act of 1968, which will hereafter be referred to as 'the Act', came into force By virtue of section 285 (1) (a) of the Act all the small towns declared as such under the Punjab Small Towns Act, 1921 were deemed to be municipal of the second class within the meaning of the Act.

(3.) On 6th May, 1970 the Himachal Pradesh Administration, acting under section 13 and 21 of "the said Act, removed two of the five members' namely, Sarvshri Jugal Kishore and I. C. Goel, not only from their membership of the said committee but also from the officers held by them as President and Vice President respectively. Questioning the said orders removing both of them. Civil Writ Petition 08 and 59 of 1970 were filed in this Court by Jugal Kishore and I. C. Goel, respectively. On I. C. Goel's application interim stay was granted by this Court on 1st July, 1970 with reference to the order removing them from the membership but not that portion of the order removing I. C. Goel from the office of the Vice President. An order in similar terms mutatis mutandis was passed on the application of Jugal Kisbore on 3rd July, 1970. Meantime on 1st June, 1970 there was a meeting of the Committee which the petitioner did not attend At the said meeting the fourth respondent Shri Bhagwan Singh was elected as President and Shri Sumer Chand as Vice President. This resolution was suspended by the Deputy Commissioner, acting under section 24, on 9th June, 1970. On 7th July, 1970 the Lieutenant-Governor appointed Shri Bhagwan Singh (fourth respondent) as the President acting under the proviso to section 19(1) of the Act, which order is now being challenged.