ASHOK KUMAR GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These two Civil Writ Petitions Nos. 11510 of 2000 and 4608 of 2001 are being disposed of by a common judgment since an identical relief of issuance of mandamus to the respondent State for notifying the election of Ashok Kumar Gupta, petitioner, in CWP No.11510 of 2000 and that of Dharam Singh Aulakh, petitioner in CWP No. 4608 of 2001 as President of Municipal Council, Ferozepur City in the election held on two dates i.e. 21-8-2000 and 25-9-2000 respectively is claimed. The relevant facts pertaining to the controversy in these two writ petitions are being taken from C.W.P. No 11510 of 2000.

(2.) In the meeting of Municipal Council, Ferozepur on 24-4-2000 no confidence motion was passed against Dharam Singh, the then President of the Municipal \Council which resolution was challenged in C.W.P. No. 6727 of 2000. A Division Bench of this Court disposed of the said writ petition by order dated 9-6-2000, Annexure P-1 in the following terms :-

(3.) Dharam Singh tendered his resignation on 20-6-2000 and the same was accepted by the Government and the Executive Officer was informed by the State on 7-7-2000. In view of the mandate of this Court in its order, Annexure P-1 election of the President of the Council was to take place within four weeks therefrom i.e. on or before 7-8-2000. The then Vice President, however, was not issuing any notice for election meeting. Six Municipal Councillors then on 25-7-2000 submitted a letter, Annexure P-2, to the Executive Officer for requisitioning an election meeting. The Executive Officer thereafter informed respondent No. 4-Senior Vice President of the Municipal Council in respect of acceptance of the resignation of Dharam Singh and requirement of holding of election within four weeks. He also requested for issuance of ballot papers from the Deputy Commissioner, Ferozepur on 21-7-2000 and the ballot papers duly signed by the Deputy Commissioner, Ferozepur were lateron received in the office on 3-8-2000. The Deputy Commissioner, Ferozepur also appointed the Sub Divisional Magistrate. Ferozepur-respondent No.2 as an Observer of the meeting. Respondent No.4, however, instead of holding the election within four weeks of the receipt of the date of acceptance of the resignation, called a meeting for 21-8-2000 at 3 pm in the Town Hall for the purpose of election of the President. Notice, Annexure P-3, in this respect was issued on 7-8-2000 to the Councillors intimating the agenda of the meeting. However, on 20-8-2000, respondent No.4 passed order, Annexure P-5, which reads as under :To The Executive Officer,Municipal Council,Ferozepur.Sub : About cancellation of election of the President, Municipal Council, dated 21-8-2000.Dear Sir,It is submitted that to-day on 20-8-2000, I suddenly became unwell and have got myself checked up by the doctor. The doctor told me that I appear to be a heart patient and he advised me to immediately go to Delhi and get all the necessary tests carried out from a good hospital. Therefore, in view of the advice of the doctor I have suddenly to go to Delhi, to-day on 20-8-2000 for getting myself checked up. Therefore, I cancel the meeting of the Municipal Council for electing the President, Scheduled to be held on 21-8-2000. next date for the elcetion of the President shall be intimated later on. All the Municipal Councillors be informed about it immediately.Sd/- Kinder 20-8-2000 Smt. Kinder Hans, Sr. Vice President, MunicipalCouncil, Ferozepur." The Executive Officer issued letters on the same day informing the cancellation of the meeting by the Vice President. However, 15 out of 25 Councillors without caring for the cancellation of the meeting assembled at the Town Hall on 21-8-2000 at 3.00 PM in accordance with the meeting agenda. The Sub Divisional Magistrate, Ferozepur i.e. the observer appointed by the Deputy Commissioner also arrived at the same time and meeting was held under the Chairmanship of Chander Mohan Handa, the then junior Vice President of the Council. The proceedings register and the ballot papers were asked for through a letter, Annexure P-8, from the office of the Executive Officer. Since the attendance register and the proceedings book were not supplied, the Chairman of the meeting started a fresh proceeding book which was duly signed by the members present there. The members also marked their attendance in the new register, Annexure P-9. Thereafter, the election of the President was held and the name of Ashok Kumar Gupta was proposed, duly seconded and unanimously elected as the President for which resolution was drawn in proceedings book, Annexure P-10. The Junior Vice President of the municipal Council Chander Mohan Handa sent a copy of the proceedings to the Executive Officer through letter Annexure P-11 on the same day at 4 pm. Thereafter, the senior Vice President who had earlier cancelled the meeting came to the Town Hall along with some of the Councillors on the same day and held a meeting. However, no President was elected. On 24-8-2000, junior Vice President also sent a letter, Annexure P-12, to the Director, Local Government informing of the election meeting dated 21-8-2000 and election of Ashok Kumar Gupta as President and requested for notifying his name as such. The Observer i.e. the Sub Divisional Magistrate, Ferozepur also made a report to the Deputy Commissioner. Necessary notification of the election of the petitioner was, however, not issued by the State Government. The petitioner has, thus, approached this Court with the grievance that the action of respondent No. 4- Senior Vice President in cancelling the meeting of the Municipal Council convened for election of the President on 21-8-2000, Annexure P-5, was illegal and his election in the meeting held on the same day was perfectly valid in the eyes of law and he was duly elected as President. The State Government was required to notify the election of the petitioner as President of the Municipal Council under S. 20 of the Punjab Municipal Act, 1911 (for short to be referred as "the Act") since there was no necessity of approval of the election resolution from the State Government and that the State Government is working under the pressure of respondent No.4 and her supporters who were trying to call another meeting for election of the President. No such meeting can be called once the petitioner was elected and there was no vacancy of the office of President. The petitioner seeks the relief of issuance of a writ in the nature of mandamus directing respondent No.1 to notify his election as President of the Municipal Council, Ferozepur held on 21-8-2000 and consequently issuance of a writ in the nature of certiorari quashing the impugned order, Annexure P-5 issued by respondent No. 4 by which the election meeting was cancelled illegally. The petitioner further prays for restraining the private respondents from convening another meeting of the Municipal Council for election as President there being no vacancy.