GURTEJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, an elected member of the Municipal Committee. Faridkot, who along with other members, took oath of the office on 13-7-1979 and thus entered upon his office has sought a mandatory direction against the State Government and the Executive Officer of the Municipal Committee, respondents 1 and 2 respectively, to hold fresh election of the President of the said Municipal Committee in compliance with the executive instructions issued by the Directorate, Local Government, Punjab (Municipal Election Office), Chandigarh, to all the Executive Officers of the Municipal Committees in the Punjab, except Municipal Committees, Phagwara, Rajpura, Bhadaur, Jaitu, Malout. Kapurthala and Dasuya, vide Memo No. MEO-84/EA/6047-6137, dated 26-7-1984, directing them to hold de novo election to the offices of the President and Vice-President who were to complete their terms of office of five years prior to 31-12-1984, the date to which the term of the elected members of all the Municipal Committees except Municipal Committees, Phagwara, Rajpura, Bhadaur, Jaitu, Malout, Kapurthala and Dasuya, had been extended, vide Notification No. 13(2)(LG-UI-84/18921, dated 27-6-1984, published in the Punjab Government Gazette Extraordinary dated 27-6-1984.

(2.) It is alleged that the petitioner was elected as President for the said Municipal Committee, according to rules on 31-7-1979; that he continued as such up to 24-2-1981; that thereafter Shri Jarnail Singh Sekhon was elected as President of the said Municipal Committee, who remained President for about a year and then Shri Kharaiti Ram, a member of the said Municipal Committee, was elected as President on 22-9-1982; that he submitted his resignation on 5-4-1984; and that later on, he alleged that he never resigned and the Government allowed him to continue as the President of the Municipal Committee. The case set up by the petitioner further is that the term of the office of the President of the Municipal Committee being five years, which came to an end on 31-7-1984, the State Government was, therefore duty-bound, in view of its own directions, to have the President of the Municipal Committee elected afresh through the Executive Officer in accordance with law.

(3.) The stand taken on behalf of the respondent-State and the Executive Officer is that the term of the members of the Municipal Committee having been extended up to 31-12-1984 and by virtue of sub-section (2) of Section 21 of the Punjab Municipal Act, 1911, hereinafter referred to as the Act, the term of the office of the President being five years or the remaining period of membership of the municipal committee whichever is less, and since period of membership of the members having been extended up to 31-12-1984, the present incumbent Shri Kharaiti Ram, who was elected President only on 22-9-1982, is entitled to continue as such up to 31-7-1984 - the residuary period of his membership being less than the unexpired period of 5 year term of the presidency of the present incumbent of that office.