RAJINDER PAL KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER was duly elected as Municipal Councillors of Nagar Council, Barnala, in the election held in the month of January 1998. She was elected as President of the Nagar Council on May 2, 1998. Subsequently, seven members of the Nagar Council submitted a requisition for convening a general meeting of the Nagar Council for consideration of' 'No Confidence Motion" against the petitioner. As a sequel thereto, a general meeting was convened for January 28, 2000. It is in this meeting that some of the members demanded secret ballot for considering the aforesaid requisition. Despite categoric request having been made in this regard, the poll was held by show of hands and the resolution was carried and that resultantly the resolution, copy Annexure P2, is alleged to have been passed.

(2.) CWP No. 1504 of 2000, was filed by the petitioner impugning the resolution dated January 28, 2000. During the pendency of that petition a show cause notice dated March 3, 2000, was served upon the petitioner by the Principal Secretary to Government of Punjab, Department of Local Govt. copy Annexure P4. A detailed reply was submitted by the petitioner. De hors of the reply, the impugned notification dated May 29, 2000, copy Annexure P6 has been issued by the Government and that relying upon the alleged resolution of "No Confidence Motion" stated to have been passed through raising of hands, the petitioner has been removed from the office of President, in exercise of powers vested in the Government under Section 22 of the Punjab Municipal Act, 1911 (amended -updated 1994) (hereinafter referred to as "the Act").

(3.) AGGRIEVED of the impugned notification/dated May 29,2000, the present petition has been filed making the resolution dated January 28, 2000 and the notification dated May 29, 2000 as the subject matter of challenge. The respondents had filed a caveat, and on the date of hearing, were granted time to file reply. Since no reply was filed on the adjourned date, the Motion Bench observed that result of election would be subject to the decision of this writ petition as the apprehension of the petitioner was that in view of the impugned notification a new President of Nagar Council may be elected. Thus, to protect the interest of the petitioner on account of the apprehended election, the aforesaid relief was granted. However, the petition was admitted on May 28, 2001 and was ordered to be listed for hearing on August 1, 2001.