S JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These five petitions (Civil Writ 127 of 1961, Civil Writ 106 of 1961 and Civil Writs 1239 to 1241 of 1961) were argued before us one after the other, and although the facts are in each case different and we thought, at one stage, of dealing with them separately we find it proper, in order to avoid repetition, to dispose of them together, for a good deal of the argument in all these cases turns on matters which are common to them.

(2.) The State Government thus stands vested with two powers, namely, (1) the power under Section 14 to order that the seat of any specified member shall be vacated on a given date which can be done "for any reason which it may deem to affect the public interest" and (2) the power to remove any member of a Committee under Section 16 on the ground, among others, that "in the opinion of the State Government" the member concerned "has flagrantly abused his position as a member of the Committee". It is also clear that if removal is ordered under Section 16 of the Act, the member so removed has to be disqualified for election for a period not exceeding five years. If the seat of a member is ordered to be vacated under section 14, he may or may not be disqualified for election, the period again being not exceeding five years. Further Section 14 does not mention any notice to be given to the member concerned. Section 16, on the other hand, requires a notice containing the reasons for the proposed removal to be given to the member and also an opportunity of tendering an explanation in writing. The main controversy in the present case turns on the proper construction of the provisions of section 14 and 16 of the Municipal Act.

(3.) On the 23rd September, 1960 Shri Joginder Singh petitioner (in Civil Writ 127 of 1961), who was till then a member of the Municipal Committee Mokerian, who ordered to vacate his seat. The notification was issued under Section 14, and it said -