DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ELECTIONS to the Nagar Panchayat, Dirba were held on June 7, 2000. The petitioner was elected as a member of the aforesaid Nagar Panchayat. Later on, in an election held on July 20, 2000, the petitioner was elected as president of the aforesaid Nagar Panchayat.

(2.) A proposal was mooted by the aforesaid Nagar Panchayat, Dirba for locating the bus stand at a new place. Accordingly, a notice was published in the local newspaper inviting proposals. Various proposals were received by the Nagar Panchayat. One of the proposals was from Mehar Singh son of Bakshi Singh, who was the grand-father of petitioner, Darshan Singh. After taking into consideration the various proposals, the proposal sent by aforesaid Mehar Singh was accepted and vide a resolution dated March 21, 2001, the land belonging to Mehar Singh grand-father of the petitioner was approved for locating the new bus stand. Subsequently, on September 2, 2002, a show-cause notice was served upon the petitioner, whereby it was brought to his notice that since he had participated in the meeting in which resolution dated March 21, 2001 had been passed by the Nagar Panchayat and since aforesaid Mehar Singh was his grand-father, therefore, the participation of the petitioner in the aforesaid proceedings of Nagar Panchayat was in violation of the Rules.

(3.) AFTER receipt of the aforesaid reply and after hearing the petitioner and all other concerned persons, the Principal Secretary to Government of Punjab, Department of Local Government, respondent No. 1 had passed an order dated June 7, 2004, vide which it has been held that petitioner, Darshan Singh, had willfully violated the provision of Rule 7 of the Rules, by attending the meeting on March 21, 2001 and participating in voting on resolution No. 98 in which he has a direct interest. Consequently, in exercise of the powers under Section 16(1)(c) of the Punjab Municipal Act, 1911, the petitioner was ordered to be removed from the office of Nagar Panchayat, Dirba, and further he was disqualified from contesting the election as member of Nagar Panchayat for a period of five years. A copy of the order dated June 7, 2004 has been appended as Annexure P-14 with the present petition.