BAKSHI RAM ARORA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of C. W. P. Nos. 6038, 6039, 6252, 6253, 6254, 6255, 6289, 6318 and 6320 of 2002. However, facts are being referred from c. W. P. No. 6038 of 2002, which has been filed by the then Chairman and the trustees of Improvement Trust, Amritsar. These petitions filed by the Chairmen and/or trustees of various Improvement Trusts of the State of Punjab are directed against dissolution of trusts in pursuance to power of the respondent-State under Section 103 of the Punjab Town Improvement Act, 1922 (for brevity, 'the Trust Act' ). The petitioners have claimed that since they owe allegiance to the bharatiya Janta Party (BJP) or Shiromani akali Dal (Badal), they have been victimised by the Congress Government and the dissolution of trusts after capturing power in the State of Punjab by the Congress is malicious.

(2.) IT is important to notice that the Trust act postulates improvement and expansion of towns in Punjab and in that regard the respondent-State has constituted Improvement Trusts for various towns to ensure proper and planned development. The Improvement Trust, Amritsar, was constituted under the provisions of Section 3 of the Trust act. As per Section 4 (1) of the Trust Act, a trust consists of a Chairman and 9 other trustees. Three officers serving under the state Government are appointed as Trustees, which include town Planner, an Engineer not below the rank of Executive Engineer from the Building and Road Branch or public Health of Public Works Department of the State Government and another officer not below the rank of Extra Assistant Commissioner. Three members of the Municipal committee or the Corporation as the case may be are required to be the Trustees and then there is provision for three other persons. The Chairman and the Trustees as per section 4 (1) of the Trust Act are required to be appointed by the State Government by notification. Under Section 5 of the Trust act, the term of the office of the Chairman of the Trust is to be fixed by the State Government but it must not exceed four years. Under Section 6 of the Trust Act, the term of every Trustee elected under clause (b) of section 4 (1) of the Trust Act is two years or until he ceases to be a member of the Municipal Committee or Corporation, whichever is less. The term of office of other Trustees appointed under clause (c) of Section 4 (1) of the Trust Act is two years and the term of other trustees appointed under clause (a) of section 4 (1) of the Trust Act shall expire when such Trustees cease to hold office by virtue of which they were appointed.

(3.) PETITIONER No. 1 being elected councilor of Municipal Corporation, Amritsar, was appointed as the Chairman of the Trust for a period of two years, vide notification dated 24. 4. 2000 (P-1 ). His term was extended on 6. 12. 2001 (P-2) for a further period of two years with effect from the expiry of his earlier term of two years. It is claimed that petitioner No. 1 was to continue as Chairman of the Trust till 23. 4. 2004. Likewise, claim has been made in respect of other Trustees.