SARWAN MASIH ALIAS SAMMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SARWAN Masih has filed the present petition for quashing of the notification dated 28.8.2003, Annexure P-14, issued by respondent No. 1.

(2.) ACCORDING to the petitioner, who was President of the Nagar Panchayat, Makhu, on 27.1.2003 Sarvshri Varinder Thukral, Darshan Singh, Gurbachan Kaur, Nasib Chand, Krishna Rani, Vinod Kumar and Harjeet Kaur gave a notice to the Executive Officer for requisitioning a meeting of the Nagar Panchayat for consideration of no confidence motion against him. On the same date, ten members, which included the aforementioned seven members, gave another notice, which was received at 4.40 P.M. in the office of the Nagar Panchayat. After receipt of the requisition, the petitioner had called for a meeting of the Nagar Panchayat for the aforesaid purpose for 20.2.2003 at 10.00 A.M. in the office of the Nagar Panchayat but as notices for the meeting as well as the agenda thereof was not being circulated by the office of the Nagar Panchayat, the petitioner had sent the same through Under Postal Certificate on 3.2.2003. An advance copy of the notice was also forwarded to the Deputy Director, Local Government, Punjab, Ferozepur, Region Ferozepur - respondent No. 3. On 6.2.2003, the petitioner wrote another letter to respondent No. 3 again informing him that pursuant to the requisition a meeting of the Nagar Panchayat had been called for 20.2.2003 at 10.00 A.M. He also complained that the officers of the Committee under the influence of respondent No. 7 were not cooperating and that is the reason why the agenda of the meeting was sent by the petitioner himself to all the Municipal Councillors. On 13.2.2003, the petitioner claims that he had addressed another letter to the Executive Officer, Nagar Panchayat and the Deputy Director, Local Government, Ferozepur apprising them of the action taken by him on account of the fact that the Executive Officer had not taken any action for calling the meeting. He further asserts that on 11.2.2003, the Executive Officer, Nagar Panchayat, Makhu issued notice of the agenda of a meeting for 14.2.2003 wherein it was stated that the same was being issued as the petitioner had failed to convene a meeting within 14 days. While doing so, the Executive Officer has concealed and misstated the facts inasmuch as the agenda for the meeting had already been issued by the petitioner for 20.2.2003. The action of the Executive Officer, which was taken under the influence and pressure, was illegal. On account of his connivance, the agenda for the meeting on 14.2.2003 was not served on the petitioner, S/Shri Sucha Singh, Anwar and Smt. Amarjit Kaur, the result was that the rival group illegally held a meeting on 14.2.2003 and on the basis thereof passed a no confidence motion against him. The petitioner had represented to the Deputy Director, Local Government, Ferozepur against the no confidence motion and during this period a show cause notice Annexure P-12 was issued to him by the Secretary to Government of Punjab, Local Government Department to show cause as to why the petitioner should not be removed from the Presidentship of the Nagar Panchayat, Makhu on account of the no confidence motion that had been passed against him. The petitioner sent a reply to the show cause notice, after perusal whereof, the impugned order was passed by the Principal Secretary, Local Government on 25.8.2003. It is the validity of this order that the petitioner seeks to challenge by way of the present petition.

(3.) THE Regional Deputy Director, Urban Local Bodies, Ferozepur, respondent No. 3 in his reply submitted that copies of the notices purported to have been issued by the petitioner were not received by his office from the petitioner.