GURTEJ SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) Gurtej Singh has filed this petition under Articles 226 and 227 of the Constitution of India for the issuance of an appropriate writ, order or direction quashing the proceedings of the Municipal Committee, Giddarbaha dated 5th of August, 1974, and 28th of October, 1975, (copies Annexures P-2 and P-4 to the petition respectively).

(2.) The facts of the case as given in the petition may briefly be stated thus: Elections to the Municipal Committee, Giddarbaha were held in May, 1974, and the petitioner along with twelve other persons was elected as a Member of the Municipal Committee. The Gazette notification declaring the elected persons as members of the Committee was published in the Gazette dated 14th June, 1974. A meeting of the elected members was called by the Sub-Divisional Officer (Civil), Muktsar under the orders of the Deputy Commissioner, Faridkot for administering the oath of allegiance, for 5th of August, 1974 and, in this respect, a notice was issued to the members elected. On receipt of the notice, the petitioner Sub mitted an application on 1st of August, 1974 (Copy Annexure P-1 to the petition) pointing out that the meeting called was illegal and irregular as in the meeting in which oath of allegiance has to be administered to the members, co-option of members is simultaneously to take place; but, no action was taken on this application and the meeting was held on 5th of August, 1974, in which the oath of allegiance was administered to the members elected. Copy of resolution dated 5th of August, 1974, evidencing the administering of the oath of allegiance to the members is attached with the petition as Annexure P-2.

(3.) It is further stated that another notice was received by the petitioner from the Sub-Divisional Officer (Civil), Muktsar saying that another meeting had been called for 28th of October, 1975, for co-option of the members. In the meeting an objection, which was supported by the petitioner, was raised by Jodh Singh, one of the members of the Committee, to the effect that the meeting held on 5th of August, 1974, was illegal and the meeting could not legally be held on 28th of October, 1975, for co-option as administering the oath of allegiance and the co-option had to take place simultaneously in the first meeting called for the purpose of administering the oath. The objection v/as not decided by the Sub-Divisional Officer (Civil) and the co-option was made in the meeting of 28th of October, 1975. It is in these circumstances that the present petition has been filed calling in question the legality of the proceedings of the Committee dated 5th August, 1974 and 28th October, 1975.