INDERJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On 30.12.2009, the respondent-State appointed 15 persons as Members of Market Committee, Sherpur, District Sangrur.

(2.) The petitioner was appointed as a Chairman of the Market Committee and since then he had been working as such. In July 2011, some differences are stated to have arisen between the petitioner and some leader of the ruling party, Incharge of the Constituency. The application was filed by Members of the Committee to Secretary, Market Committee, Sherpur, who then issued a letter dated 6.7.2011, fixing emergency meeting of the Market Committee for 8.7.2011. In this meeting, 14 members participated. Five members out of these voted against the no confidence motion moved to remove the petitioner whereas nine members cast their votes in favour of no confidence motion. As per Section 16(2) of the Punjab Agriculture Produces Market Act, 1961 (hereinafter referred to as the Act ), 2/3 rd majority of members is required to pass a valid no confidence motion.

(3.) The petitioner would contend that out of strength of 15 members, only 9 members had voted in favour of no confidence motion and five against the same, which, according to him, would not constitute 2/3 rd majority and, thus, this no confidence motion is liable to be set-aside on this ground. On 11.8.2011, the Punjab Mandi Board issued a letter confirming that said no confidence motion was not passed by 2/3 rd majority and the order vide which the petitioner was removed was totally illegal and liable to be set-aside.