NAND KISHORE Vs. STATE OF PUNJAB ORS.

JUDGEMENT

(1.) Vide this writ petition, the Petitioner who is a Municipal Commissioner of Municipal Committee, Batala wants the quashing of the resolution passed in the meeting of that committee held on May 6, 1981 for adoption of the bye -laws concerning the formation of the sub -committees. The main ground urged in favour of the challenge is that the meeting was held in contravention of the bye -law 2 -D whereby, according to the Petitioner, one clear day's notice which is required by this bye -law, for holding of an urgent meeting was not given. The other allegation made in the petition is that the President, who convened the meeting, does not have the majority of the members with him. He called the meeting on May 6, 1981 when the members of the opposition group were unable to attend the same.

(2.) We have gone through the petition and heard the learned Counsel for the Petitioner at length. The learned Counsel for the Petitioner has urged that atleast one days' clear notice was required for that meeting, as required by bye -law 2 -D. This clear day is interpreted by Shri Goyal to mean that the meeting could not be held before the passage of 24 hours. He tried to draw support from Chakrapani Jagannath Prasad v/s. Chandoo Sahadeo and Anr., A.I.R. 1959 M.P. 84. Bye -law 2 -D for purpose of reference is reproduced as under:

(3.) We do not find any material to further examine the questions of fact which have been raised by the learned Counsel for the Petitioners. Accordingly, the writ petition is dismissed in limine.