RAGHUNATH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Raghunath Singh petitioner was elected Municipal Commissioner of Municipal Committee, Bhatinda from Ward No. 5, in election held on 10th June, 1979. Bachan Das respondent also contested the election from the same ward but was defeated. He filed an election petition challenging the election of the petitioner and claiming further that he be declared elected in place of the petitioner. The Government appointed a Commission under Section 247 of the Punjab Municipal Act (hereinafter 'the Act') to hold an enquiry into the allegations contained in the election petition filed by the respondent. The Commission submitted its report to the State Government on the 10th August, 1981. On receipt of the report of the Commission, the State Government vide notification dated 21st August, 1981 (Annexure P.2) and in exercise of the power under Section 255 of the Act set aside the election of the petitioner from Ward No. 5 to Municipal Committee, Bhatinda and further declared Bachan Dass respondent elected from the same ward. The petitioner has assailed the notification (Annexure P.2) in the present writ.

(2.) The learned counsel for the petitioner has argued that it was obligatory for the State Government to afford a reasonable opportunity of hearing to the petitioner before issuing the impugned notification (Annexure P.2), which was admittedly issued without affording him such opportunity. The impugned notification (Annexure P.2) is liable to be quashed on this ground. The contention of the learned counsel for the petitioner must prevail.

(3.) Section 255 of the Act reads :-