SUKHWANT SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The challenge in the present writ petition is to a communication dated 12.05.2015 whereby the Deputy Commissioner was directed to administer oath to the elected members of the Municipal Council, Dhariwal, by adopting proper procedure as per the Rules.

(2.) The election to Municipal Council, Dhariwal, was held on 25.02.2015. The first meeting of the Municipal Council was convened for 09.03.2015 by the Deputy Commissioner by appointing Assistant Commissioner as a convener in terms of Rule 3 of Punjab Municipal (President and Vice President) Election Rules, 1994 (for short "the Rules" ). The relevant Rule reads as under:-

(3.) However, on 09.03.2015, the convener left the meeting but Shri Gaurav Munna was elected as a convener who has signed the oath forms said to be given earlier by the convener. The seven Municipal Councillors present out of thirteen elected Sukhwant Singh Kang, the present petitioner, as President and Surjit Kaur as Vice President of the Municipal Council, Dhariwal. A resolution to this effect was recorded which is attached with the writ petition as Annexure P-4. The Deputy Commissioner vide communication dated 23.04.2015 recommended issuance of notification on the basis of resolution passed by seven Councillors. It is in pursuance of such recommendation; the State Government has taken a decision holding that filling the form by elected members cannot be termed as oath taken. No other person than the convener can administer oath and without taking the oath as per the procedure laid down in the Rules, the elected members cannot elect President or Vice President of the Municipal Council. Therefore, the notification on the basis of resolution dated 09.03.2015 electing President and Vice President cannot be issued. Thus directions were issued for administrating oath and elections of the officer bearers.