PARVINDER SINGH BAJAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE Petitioner was elected as a Member of the Municipal Committee, Sangrur in September, 1992 and as its President on October 27, 1992. He was given a show cause notice dated December 28, 1993 calling upon him to explain as to why he should not be removed from the office of the President and the membership of the Municipal Committee. He submitted his explanation vide letter dated January 26, 1994. It was found to be 'unsatisfactory". Consequently, vide order dated April 19, 1994, he was ordered to be removed from the office of the President and membership of the Municipal committee. Aggrieved by the order, the petitioner has filed the present writ petition. He avers that the action has been taken on account of purely 'political considerations' and that in fact the order has been passed arbitrarily without the grant of any proper opportunity.

(2.) IN response to the notice of motion issued by the Bench, three written statements have been filed on behalf of the respondents. On behalf of Respondent Nos. 1 and 2, viz. State of Punjab and Dr. Kewal Krishan, Minister, Local Government, a written statement has been filed by Mr. Mandeep Singh, Joint Secretary to Government of Punjab, Department of Local Government. Respondent Nos. 3 and 4 have filed separate written statements, in which the allegations of malafide have been denied.

(3.) LEARNED counsel for the parties have been heard. Mr. Ashok Aggarwal, learned counsel for the petitioner has submitted that the action has been taken on account of purely 'political considerations' and not on the merits of the controversy. He has further submitted that Respondents Nos. 1 and 2 did not apply their mind to the facts of the case and the explanation given by the petitioner was rejected even without affording him an effective opportunity to prove that the charges were false and baseless. The claim made on behalf of the petitioner has been controverted by Mr. Beri, learned Deputy Advocate General, appearing for the respondents.