RAJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On 23.11.2004, the Punjab Government, Agriculture Department, Mandi Branch issued notification by which the petitioner (Raj Kumar s/o Chhaju Ram) was one of the 10 persons notified as member for Market Committee, Narot Jaimal Singh. On the same date, another notification was issued nominating the petitioner as Chairman of the said Market Committee. Intimation was given to the petitioner by the office of Market Committee, Narot Jaimal Singh (District Gurdaspur) on 2.12.2004 about his nomination and the petitioner submitted his joining report as Chairman, Market Committee, Narot Jaimal Singh on 3.12.2004.

(2.) Soon thereafter, the Punjab Government, Agriculture Department, Mandi Branch, issued another notification dated 10.12.2004 vide which the name of respondent No. 3 (Raj Kumar s/o Jagan Nath) was to be read in place of the name of the petitioner as Chairman, Market Committee, Narot Jaimal Singh in the notification dated 23.11.2004. This notification was challenged by the petitioner by filing CWP No. 19559 of 2004. The Hon'ble Division Bench of this Court vide order dated 14.12.2004 issued notice to the respondents for 22.3.2005 and meanwhile had granted the stay order against the notification dated 10.12.2004. However, on 25.2.2005 respondents No. 1 and 2 filed an application for permission to withdraw the notification dated 10.12.2004 as the same was found to be defective. The said notification dated 10.12.2004 was withdrawn by the respondents vide notification dated 1.2.2005. Since the notification dated 10.12.2004 was withdrawn by the respondents vide notification dated 1.2.2005, therefore, CWP No. 19559 of 2004 was disposed of by this Court on 22.3.2005 as having become infructuous. Thereafter, respondents No. 1 and 2 issued notification dated 8.4.2005 by which the name of respondent No. 3 (Raj Kumar s/o Jagan Nath VPO Rattangarh, District Gurdaspur) was to be read as nominated member in the notification dated 23.11.2004, instead of the name of the petitioner (Raj Kumar s/o Chhaju Ram VPO Baigowal, District Gurdaspur). Another notification was issued by the respondents on the same date by which the name of respondent No. 3 was to be read as nominated Chairman in the notification dated 23.11.2004 in place of the name of the petitioner.

(3.) These notifications have been challenged by the petitioner by filing the present writ petition.