ULFAT RAI SAHOTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has invoked jurisdiction of this Court under Articles 226/227 of the Constitution of India, challenging order dated 31.5.2010 passed by the Principal Secretary, Department of Local Government, Punjab, directing removal of the Petitioner from the membership of Municipal Council while exercising power under Section 16 of the Punjab Municipal Act, 1911 (hereinafter referred to as the 1911 Act).

(2.) Petitioner was issued show cause notice bearing No. 6/71/09- 1 LG 3 dated 9.7.2009 under Section 16 of the 1911 Act to show cause as to why Petitioner be not removed from the membership of Municipal Council, Ferozepur on the ground that on 22.7.2008 meeting was convened in the presence of the SDM, Bari to subscribe oath to the newly elected members and to elect President, Senior Vice President and Vice President of the Municipal Council; however, on 22.7.2008 no oath could be subscribed and no election of President, Senior Vice President and Vice President could be held as unidentified persons had entered into the meeting hall and there was a quarrel and commotion. Petitioner posing himself newly elected Vice President of the Municipal Council, entered into the office of the Municipal Council, Ferozepur and signed three cheques as Senior Vice President of the Municipal, Council to be issued to different people. This way, Petitioner is guilty of misconduct and flagrant abuse of his position as member of the council.

(3.) Petitioner submitted his reply dated 8.8.2009; in the reply, Petitioner submitted that on the date of meeting, he was elected as Senior Vice President and he admitted having singed three cheques as Senior Vice President of the council. According to the Petitioner, abovesaid three cheques were filled up by the accounts clerk with the order of the Executive Officer and were placed before the Petitioner for his signatures. Having found the Petitioner guilty of flagrant abuse of his position as a member of the council, impugned removal order was passed against the Petitioner.