SURAJ PARKASH MALHOTRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner who was elected as a member of the Municipal Committee, Rup Nagar and later, its President, was removed by the State Government from such membership in exercise of its powers under Section 16(1)(e) of the Punjab Municipal Act, 1911 (hereinafter referred to as the Act) for flagrantly abusing his position as a member of the said Committee and was further disqualified for election for five years with effect from June 17, 1977, that is, the date of Publication of the impugned notification (Annexure P.1) to this effect.

(2.) It is the admitted position that prior to this decision of the Government published in the form of notification, the petitioner was served with a show-cause notice giving out the reasons for his proposed removal and was afforded an opportunity of tendering his explanation in writing. This notice dated August 5, 1976 is Annexure P.3 to the petition. Through this petition under Article 226 of the Constitution of India, the petitioner impugns Annexure P.1, ordering his removal from membership as well as disqualification for five years for election.

(3.) The learned counsel for the petitioner concedes that in view of the supersession of the Municipal Committee at a later stage, that is, subsequent to the publication of Annexure P.1 and re-election to the said Committee, the petition so far as it relates to the relief of quashing the removal of the petitioner from the membership of Municipal Committee, has become infructuous. He, however, maintains that as the period of petitioner's disqualification to contest the election has not as yet elapsed, the order of disqualification deserves to be set aside for the reasons that (i) no notice prior to the ordering of the disqualification was served on the petitioner nor was he provided with an opportunity of hearing in any manner and (ii) no detailed reasons have been given in the impugned notification, Annexure P.1, for fixing the period of disqualification at five years.