SWARAN LATA JAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners are the former elected members (Councilors) of Municipal Council, Moga having been elected from different wards in the last Election of the Municipal council held on 9.3.2003. Petitioner No. 1 has served as Acting President. The tenure of the Municipal Council is five years in terms of Article 243-U of the Constitution of India read with Section 13 of the Punjab Municipal Act, 1911 (hereinafter referred to as "the Act"). It is common case of the parties that five years' tenure of the Municipal Council, Moga expired on 21.3.2008. The Municipal Council has 31 wards in all. The process for election to constitute a Municipality is required to be completed before the expiry of the duration of five years or in case of dissolution before expiry of period of six months from the date of dissolution both in terms of Article 243-U of the Constitution of India and Section 13 of the Act. Relevant extracts from both these provisions are noticed here under :

(2.) THE petitioners seem to be satisfied in so far as the holding of the proposed election is concerned. It is, however, alleged that the State Government has decided not to hold elections of the Municipal Council, Moga as it proposes to extend Municipal Limits of the existing Municipality. With a view to strengthen their case, the petitioners have referred to letter bearing Memo No. 10/3/06-ILG (3)/224 dated 25.1.2008 whereby Executive Officer of Municipal Council was asked to send a proposal for extension of the Municipal Limits of Municipal Council, Moga. The Municipal Council, Moga also adopted a Resolution No. 22 on 4.2.2008 and submitted a revised schedule of boundaries. The grievance of the petitioners is that the State Government is avoiding to hold elections to the Municipal Council, Moga as the ruling party apprehends its inability to muster sufficient mandate to control the Municipality. The petitioners have accordingly filed the present writ petition under Article 226 of the Constitution of India seeking issuance of a writ in the nature of Mandamus for commanding the respondents to hold the election to the Municipal Council, Moga, simultaneously, with the other Municipalities for which elections are proposed to be held on 30.6.2008. Following prayers are made in this regard :

(3.) WE have heard Shri Harbhagwan Singh, learned Sr. counsel appearing on behalf of the petitioners and Shri Amol Rattan Singh, Additional A.G., Punjab at length.