SHAMSHER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has returned from Ward No.11 of Nagar Panchayat, Chamkaur Sahib in the election held in February 2015. The Department of Local Bodies, Punjab issued a notice dated 23.2.2015 to all the Deputy Commissioners in the State regarding administering oath to the members elected in the general elections of the Municipal Councils/Nagar Panchayats and for conducting election of President, Senior Vice President, Vice President and Junior Vice President. Notice was also issued under Section 12 (ii) of the Punjab Municipal Act,1911 to the concerned M.L.A, being an ex officio member, for participating in the general election of President and Vice President and to vote therein.

(2.) THE petitioner is aggrieved against the aforesaid part of notice dated 23.2.2015. It is contended that the M.L.A is an ex -officio member/ nominated member and has no right to cast his vote in the election.

(3.) LEARNED counsel for the petitioner has referred to Section 20 of the Act and Rule 3 of the Punjab Municipal (President and Vice President) Election Regulations, 1994. It is submitted that an ex - officio member has not been given a right to vote either in the Act or in the Rules. It is further submitted that even Rule 3 of the Rules provides notice only to the elected member and not to the nominated member but learned counsel for the petitioner has very fairly attached a recent pronouncement of Five Judges Bench in the case of Sanjeev Kumar Verma Vs. The Director, Urban Local Bodies, Chandigarh and others passed in LP.A.No. 592 of 2013 (O&M) decided on 11.2.2015 as Annexure P -2 with this petition for the perusal of this Court.