BUTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed by the residents of Ferozepur City challenging the letter dated 20.07.2012 issued by respondent no.1 holding that the term of Municipal Council, Ferozepur, shall be for 5 years w.e.f. 04.05.2010, which is alleged to be in violation of Section 13(1) of the Punjab Municipal Act, 1911 (hereinafter referred to as the "Act") and Article 243U of the Constitution of India.

(2.) In brief, the facts of the case are that the elections of Municipal Council, Ferozepur, comprising of 25 members, was held on 30.06.2008.

(3.) The list was notified by the Government of Punjab on 09.07.2008. The Deputy Commissioner, Ferozepur, vide his letter dated 11.07.2008, fixed a meeting on 22.07.2008 at 10.00 a.m. at the Town Hall, i.e. in the office of Municipal Council, for administering oath to the newly elected members and for the election of the President, Senior Vice President and the Junior Vice President. There was allegedly a commotion in the said meeting and before the oath ceremony of 18 elected members could take place, according to the official respondents, all of a sudden, some unidentified persons entered the meeting place and forcibly snatched the attendance and proceeding register and ran away with the same and at that moment, the elected members, who were present in the Hall, started quarreling and slapping each other and in such a pandemonium and mellee, the meeting was postponed. This action of the official respondents was challenged by 3 elected Municipal Councillors by way of CWP No.12952 of 2008 titled as "Davinder Kapoor and others v. State of Punjab and others", in which the petitioners sought a direction to the Presiding Officer to sign the proceeding book pertaining to the special meeting of the Municipal Council held on 22.07.2008 alleging therein that on that day, 18 out of 25 members were present in the meeting, who not only took oath but also elected the petitioners in that case as President, Senior Vice President and Junior Vice President respectively. It was alleged that when the proceedings of the meeting were being signed by the members, Ashwani Grover, one of the elected Municipal Councillors, along with some other persons came in the meeting and snatched away the proceeding book as also the attendance register and ran away. In the said writ petition, the stand taken by the respondents was that before the oath could take place, the commotion had started by some unidentified persons who forcibly snatched the proceedings and attendance register and ran away, therefore, the proceedings slated for that day could not be carried out. Therefore, the said writ petition was dismissed on 15.10.2008 with a direction to the authorities to convene a fresh special meeting, immediately, for taking oath and electing President/Vice President of the Municipal Council, Ferozepur.