SURESH KUMAR BHAIYA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SURESH Kumar Bahiya, President, Municipal Council, Rampura Phul, District Bhatinda, has approached this Court under Article 226/227 of the Constitution of India, praying for issuance of a writ in the nature of Certiorari quashing the resolution dated 31.3.2004, Annexure P/3 to the writ petition and the order dated 15.4.2004, Annexure P/9 to the writ petition, being in complete contradiction of the prescribed procedure and section 22 of the Punjab Municipal Act, 1911.

(2.) THE principal grievance of the petitioner is that resolution of No Confidence Motion passed against the petitioner dated 31.3.2004 was under duress, coercive and result of undue influence exercised by private respondent-Parmod Kumar-Caveator. The petitioner was supported by the affidavits of the four Municipal Councillors namely Dharampal, Swaran Singh, Hardip Kaur and Gurdev Kaur, besides by the affidavit of the petitioner himself. According to them, they had not signed the resolution and their signatures were obtained by exercise of mis-representation and by using force and coercive method.

(3.) NOW the basic question that arises for consideration is whether the elected members of the Council, who are responsible for running of the administration at the grassroots level should conduct themselves in the manner they have done in the present case. We are of the definite view that such practice must be put to an end and requires to be deprecated. The basic ingredient of any democracy is fairness in such procedure and decision making process. We had firstly considered that the Court should take action against all the afore- referred four persons, who swear the affidavits and the petitioner. However, the Deputy Commissioner in furtherance to our above order has filed report before this Court on 6.5.2004, wherein he has stated that specific procedure is provided under the provisions of the Act for dealing with such situation. We consider it more appropriate that the deponents viz Dharampal, Sawarn Singh, Hardip Kaur and Gurdev Kaur, the petitioner and such other defaulting members of the Council be dealt with by the Deputy Commissioner in accordance with law and after granting them appropriate opportunity. Having required the Deputy Commissioner to exercise his powers in accordance with law in relation to the above referred matter, we see no reason to pass any further direction or order in this writ petition.