KALA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Kala Ram petitioner was President of Municipal Committee, Kotkapura. A requisition was submitted to him for holding a meeting of members of the Municipal Committee to take up the agenda of No-Confidence Motion against him. On 23/04/1994, he called the meeting of members of the Municipal Committee, to be held on 24/05/1994. On Ma 23/05/1994, the District Magistrate, purporting to act under Section 144 of the Code of Criminal Procedure, ordered prohibition of the meeting. Such order seems to have been served upon the petitioner and other members of the Municipal Committee. Some of the members of the Municipal Committee filed a civil suit in the Court of Sub-Judge Ist Class, Faridkot, and made an unsuccessful attempt to secure interim-order, staying operation of the order of the District Magistrate. 15 members out of 20 members of the Municipal Committee held a meeting and passed No-Confidence Motior against the petitioner. In the meantime a writ petition was filed in this Court by the present respondent Nos. 4 to 15 (CWP No. 7235 of 1994) for squashing order of the District Magistrate. At the motion-hearing, order to the following effect was passed :-

(2.) The State Government in the circumstances as stated above and making reference to the order of the High Court, passed the impugned order for removal of the President of the Municipal Committee. Copy of the Order is Annexure P/ 3, which is challenged in this writ petition filed by the petitioner.

(3.) The earlier writ petition filed was dismissed as infractuous in view of the order of removal passed and he prima-facie observations made in the order passed at the motion-hearing cannot be treated as a final order passed.