RAJ KUMAR MALHOTRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The short question involved in this writ petition is "whether a special meeting is to be convened within a period of 14 days from the date of receipt of requisition by the President or the Vice President or from the date when the requisition is received in the office of the Municipal Council?"

(2.) Shorn of unnecessary details, the brief facts of the case are that the petitioner is elected President of a 15 members Municipal Council, Jandiala Guru, District Amritsar. On 28.03.2013, as many as 12 Municipal Councillors submitted requisition vide diary no.100 in the office of the Municipal Council for calling a special meeting within 14 days to consider no confidence motion against the President. The Executive Officer of the Municipal Council served a notice on the same date, i.e. 28.03.2013, upon the President/petitioner stating therein that "in connection with the above said subject, it is requested that the 12 Municipal Councillors have given requisition against you for No Confidence, therefore, in this connection calling the meeting requisition is hereby sent along with this letter. You are requested to call the meeting". The letter sent by the Executive Officer of the Municipal Council was admittedly received by the petitioner on 01.04.2013, in response to which he wrote to him that the matter regarding election and holding the office of President of Municipal Council is already subject matter of decision of CWP No.20597 of 2008, therefore, the meeting is uncalled for and would be considered to be an interference in the judicial procedure.

(3.) Thereafter, on 11.04.2013, the 12 members of the Municipal Council, who were interested in the no confidence motion meeting, called upon the Executive Officer of the Municipal Council to hold the special meeting immediately because the President of the Municipal Council has failed to call the special meeting within the stipulated period. Apropos, a notice was issued by the Executive Officer along with request of the 12 Municipal Councillors dated 28.03.2013 to all the Municipal Councillors for the special meeting of no confidence motion to be convened on 15.04.2013 at 11.00 a.m. in the Municipal Council office. This notice dated 11.04.2013 is subject matter of challenge in this writ petition on the ground that it violates Section 25(3) of the Punjab Municipal Act, 1911 (hereinafter referred to as the "Act"), which reads as under:-