BIR DEVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner impugns the notification dated April 4, 1984 (Annexure P-3) vide which he has been removed from the office of Membership as well as Chairmanship of the Market Committee, Raman, District Bhatinda. He was so nominated on June 12, 1982, having been found eligible for that nomination on account of his being a resident within the area of the Market Committee as well as being a member of the Cooperative Society within the area of operation of that Committee. The solitary ground for his removal is that on June 12, 1982, i.e. The date of his nomination as a Member and Chairman of the Market Committee, he was not 25 years of age his date of birth being September 11, 1957.

(2.) Mr. Bedi, appearing for respondents 1 and 2 vehemently contends that the petitioner being ineligible on June 12, 1982, for being appointed as a Member or Chairman of the Market Committee, could not become eligible for such appointment merely with the passage of time and the disqualification from which he suffered initially would continue to stick on to him and that he could be removed from those offices at any time. I do not feel convinced about the correctness of this stand of the learned counsel for two reasons :-

(3.) For the reasons recorded above, while allowing this petition, I set aside the notification Annexure P-3. I, however, pass no order as to costs.