DHARAM SINGH AULAKH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition under Articles 226/227 of the Constitution of India, the petitioner seeks quashing of the order/notification dated 1.4.1999 (Annexure P13) issued by the State Government in the Department of Local Government, Punjab Chandigarh, whereby the petitioner was removed from the office of President, Municipal Council, Ferozepur City, in terms of the provisions of Section 22 of the Punjab Municipal Act, 1911 (Act for short) on the ground that he appeared to be guilty of misuse/abuse of powers and forfeited his right to continue. However, no case was found to have been made out for disqualifying the petitioner from contesting elections for a period of five years. Applicability of this count was, therefore, dropped.

(2.) While issuing notice of motion on 7.5.1999, a Division Bench of this Court had stayed order dated 1.4.1999 (Annexure P13). The petition was admitted on 5.12.2000.

(3.) After hearing Shri J.P.Bhatt, learned Assistant Advocate General Punjab, appearing for respondents No. 1 and 2, I am of the view that this petition has been rendered infructuous for the reason that the term of the Municipal Council Ferozepur has expired. The petitioner was elected as President of the Municipal Corporation, Ferozepur on 9.4.1998 and after taking over as President, the first meeting of the Municipal Corporation, Ferozepur, was held on 15.5.1998 (Annexure P1). The duration of the municipalities in terms of Section 13(1) of the Act is five years from the date appointed for its first meeting and no longer. Section 13(1) of the Act, reads as under;-