NIRANJAN DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this writ petition is to the suspension of Municipal Committee, Patiala without affording any opportunity to it to show cause as to why it be not suspended. Shortly stated, the facts are.- Elections to the Municipal Committee, Patiala were held in Sept. 1992. Petitioner was elected as President of the Municipal Committee, Patiala on 9-10-1992 unanimously. Notification appointed the petitioner as President of the Municipal Committee, Patiala for a period of five years was issued on 20-10-1992. On 10-2-1994, notification, Annexure. P-1,. was issued placing the Municipal Committee, Patiala, under suspension, which has been, impugned in this writ petition.

(2.) The plea taken in the writ petition is that the impugned notification, Annexure P-1 has been issued without application of mind; that there are three situations under which action can be taken against the Municipal Committee under Section 238 of the Punjab Municipal Act, 1911 (hereinafter referred to as 'the Act'); they are.- 1) not competent to perform its duties; 2) has persistently made default in the performance of duties imposed on it, and 3) has abused its powers; that all these three situations are different situations and reasons for these three situations would be altogether different and the authority issuing the notification has failed to record any specific reasons for suspending the Municipal Committee; and that whatever reasons have been recorded are not reasons in the eye of law. Another point raised is that no opportunity of hearing was given to the Municipal committee, Patiala before passing the impugned order which is a serious violation of the principles of natural justice. Relevant provisions of Section 238 of the Act reads as under:-

(3.) We propose to dispose of this writ petition on the second point regarding violation of the principles of natural justice. Supreme Court of India in S. L. Kapoor v. Jagmohan, AIR 1981 SC 136, while dealing with the right to be heard in a similar situation under the Act, observed as under :-