KULWANT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through the instant writ petition, the petitioners seek quashing of the proceedings of the meetings of Municipal Council, Nawanshahr, held by respondent No. 4 on 28/8/2023 (Annexure P-3), on 29/9/2023 (Annexure P-9), on 15/12/2023 (Annexure P-14), on 24/6/2024 (Annexure P-16) and on 29/7/2024 (Annexures P-17 and P-18), and any other meeting held after April 2023, as the same became conducted in violation of the provisions of the Punjab Municipal Act, 1911 (for short the Act of 1911').

(2.) The President of Municipal Council, Nawanshahr was removed by a notification/order, and, the said removal became challenged by filing CWP No. 17139 of 2023 titled as Sachin Diwan versus State of Punjab and others, which is pending adjudication. The Vice President of the Municipal Council relinquished his office upon completion of his term, and, since then no election has been held afresh to fill the said vacancy. Respondent No. 4 called a meeting for 28/8/2023, upon which the petitioners filed their objections and apprehensions in writing by way of a representation, whereins it was stated that the post of Vice President is lying vacant, and, until such elections are conducted, respondent No. 4 has no authority to set agendas and hold meetings as such a power only lies with the President or the Vice President. However, since the meeting was held on 28/8/2023, therebys the petitioners moved another representation before the respondents concerned, to enquire about the status of their representation and the decision taken thereon.

(3.) Respondent No. 2 issued instructions dtd. 8/9/2022, whereins, respondent No. 2 has in unequivocal terms, thus written to the Deputy Commissioner concerned, to conduct the elections of the President/Vice President, as and when the said post becomes vacant.