TEK CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE elections to the Municipal Committee, Dhuri were held on June 18, 1972. The petitioner, respondents Nos. 3 and 4, and ten other persons were elected as members. The first meeting of the Committee was held on July 7, 1972. It was presided over by the Sub-Divisional Officer, Malerkotla. The oath of office was administered to the newly elected members and the work of co-opting members under Section 12-A, 12-B and 12-C of the Punjab Municipal Act (hereinafter called the Act), was taken in hand. One Shri Niranjan Singh representing the Balmiki community was co-opted under Section 12-A of the Act. Smt. Punna Devi and smt. Lachhmi Devi were co-opted under Section 12-B of the Act and Shri Sardara singh was co-opted under Section 12-C of the Act. Thereafter, a meeting for holding election to the office of the President and the Vice-President of the municipal Committee was held on July 20, 1972. This meeting was presided over by respondent No. 2, and oath of office was administered to the four co-opted members and proposals were invited for the election of President and the Vice-President. The names of Shri Lajpat Rai and Shri Bhim Sen were duly proposed and seconded for the office of the President. Shri Bhim Sen respondent No. 3 was declared elected as the President of the Municipal Committee. For the office of vice-President, the names of Shri Lal Singh and Shri Prem Chand were duly proposed and seconded. As a result of the election which followed, Shri Lal Singh respondent No. 4 was declared as Vice-President.

(2.) SOMETIME later C. W. No. 2696 of 1972 was filed in this Court on August 1, 1972, in which the co-option of members made in the meeting held on July 7, 1972, was challenged. This petition came up before R. N. Mittal, J. , who was pleased to quash the co-option of two lady members and maintained the co-option of the other two members.

(3.) IN this petition, the election of respondents Nos. 3 and 4 is challenged on the ground that the co-option of Smt. Punna Devi and Smt. Lachhmi Devi having been quashed, they would be deemed not to have been co-opted in the eye of law and their participation in the meeting held on July 20, 1972, rendered the election of respondents Nos. 3 and 4 as invalid. It is also submitted that during this election the principle of secrecy of ballot was violated inasmuch as the Convener directed the voters to mark `yes' against the name of the candidate in whose favour they wanted to poll their vote for the election of the President of the Municipal committee. It is also submitted that in case of some illiterate voters, the Convener himself/herself marked the ballot papers, which violated the principle of secrecy of ballot.