DAVINDER KAPOOR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant Letters Patent Appeal has been filed by the appellants, who were the elected members of Municipal Council, Ferozepur, for setting aside the order dated 19.7.2013 passed by the learned Single Judge, whereby the writ petition (CWP No. 19261 of 2912) filed by some residents of Ferozepur City (respondents No.9 to 14 herein) for quashing the letter dated 20.7.2012 (Annexure P-1) issued by the Punjab Government to the Executive Officer, Municipal Council, Ferozepur, declaring the term of the Municipal Council, Ferozepur for five years with effect from 4.5.2010, was allowed and it was held that tenure of the members of the Municipal Council, Ferozepur, would be for a period of 5 years from 22.7.2008, the date when the first meeting of the Municipal Council was convened, and since the tenure of 5 years of the said Municipal Council would expire on 22.7.2013, therefore, election of the Municipal Council, Ferozepur be immediately held in accordance with law.

(2.) Before the legal controversy raised in this appeal is dealt with, certain relevant facts are required to be mentioned.

(3.) The Municipal Council, Ferozepur, consists of 25 members. Elections of members of the Municipal Council were held on 30.6.2008 along with the other Municipal Councils in the State of Punjab. The result of the said elections was duly notified by the Government of Punjab on 9.7.2008. In view of Rule 3 of the Punjab Municipal (President & Vice President) Election Rules, 1994 (hereinafter referred to as 'the Rules of 1994'), vide letter dated 11.7.2008, the Deputy Commissioner, Ferozepur, appointed the first meeting of the Municipal Council for 22.7.2008 for administering oath to the newly elected members and for election of the President, Senior Vice President and Junior Vice President. But when the said meeting was convened on 22.7.2008, some unidentified persons entered the meeting place and disturbed the meeting. They forcibly snatched the attendance and proceeding register and ran away with the same. It was alleged that by the time, the meeting was suddenly disturbed, some of the members had already taken the oath, but after the said incident, the members started quarreling and slapping each other. In these circumstances, the meeting was postponed.