LAWS(P&H)-1996-9-227

GULWANT SINGH Vs. STATE OF PUNJAB

Decided On September 19, 1996
GULWANT SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The petitioner, who was Municipal Councilor, Jalandhar, till 11.6.1996, has filed this petition for issue of a mandamus to respondent No. 1 to hold election of councilors to the Municipal Corporation, Jalandhar, in accordance with Section 7(3) of the Punjab Municipal Corporation Act, 1976 (hereinafter referred to as 'the Act') as it stands amended by the Punjab Municipal Corporation (Amendment) Act, 1994.

(2.) The facts on which the parties do not have any dispute are that the election of the Municipal Corporation, Jalandhar were held in the year 1991 and the tenure of the elected Municipal Corporation came to an end on 11.6.1996. The process of de-limitation of wards for Municipal Corporation, Jalandhar was also completed on 23.5.1 996 in terms of Section 8(2) of the Act.

(3.) The petitioner says that despite knowing fully well that term of the elected Municipal Corporation would end on 11.6.1996, the respondent-Government has not taken steps for holding election to the Municipal Corporation, Jalandhar as a result of which Administrator is running the affairs of the Municipal Corporation and people have been deprived of their governance through elected representatives.