JATINDER KALYAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Feeling aggrieved against the order dated 06.08.2012 (Annexure P-7) passed by Executive Officer, Nagar Council, Batala -respondent No. 5, petitioner has filed the present writ petition under article 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari for quashing the impugned order dated 06.08.2012 (Annexure P-7). He further seeks a writ of mandamus directing respondent No. 1 to notify the election of the petitioner for the office of President, Municipal Council, Batala, in terms of the proceedings (Annexure P-4) of the Municipal House, Batala, as legally justified.

(2.) Facts first.

(3.) Election of the Municipal Council, Batala was held in the year 2008 and 33 members were elected. Petitioner was also elected as member of Municipal Council, Batala from its Ward No. 20. In the first meeting of Municipal Council held on 05.11.2008, Smt. Ambika Khanna was elected as President and Sh. Balbir Singh Bittu was elected as Vice-President. Smt. Ambika Khanna resigned from the post of President Municipal Council, Batala on 18.04.2012 and the same was duly accepted by the competent authority. In the interregnum, the post of Vice-President Municipal Council, Batala also fell vacant by afflux of time, as the term thereof has come to an end. Thus, the post of President as well as Vice-President of Municipal Council, Batala became vacant. A meeting for election of President and Vice-President was fixed for 09.07.2012 but the same was postpone till further orders, due to administrative reasons, vide communication dated 09.07.2012 (Annexure P-1). The meeting for administering oath to new member of Municipal Council and also for election of President as well as Vice-President, was fixed for 01.08.2012 vide communication dated 27.07.2012 (Annexure P-2) but this meeting was also subsequently postponed. Thereafter, vide communication dated 08.08.2012 (Annexure P-3), meeting was fixed for administering oath to new member of Municipal Council and also for election of President as well as Vice-President, for 06.08.2012 at 11.00 A.M. in the office of Nagar Council, Batala. Meeting was held, wherein 22 Municipal Councilors including the local MLA from Batala were present. Deliberations took place, proceedings conducted and petitioner was unanimously elected as President. Quorum of the meeting was complete, members present in the meeting unanimously elected respondent No. 7 as Convener of the meeting. It is also pleaded on behalf of the petitioner that the proceedings of the meeting were also telecast live on local Fastway Cable Network Channel, Batala. The proceedings were also recorded in CD and the local Press also reported the proceedings of the meeting vide Annexure P-6 whereas the photographs of members attending the proceeding are appended at Annexure P-5. It is further alleged that after the proceedings had been concluded in the meeting held on 06.08.2012, impugned order 06.08.2012 (Annexure P-7) was passed by respondent No. 5, on telephonic instructions allegedly received from respondent No. 3, thereby again postponing the meeting till further orders. Hence this writ petition.