HARBANS LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) (1)Whether under Section 24 (2) of the punjab Municipal Act, 1911 (hereinafter referred to as 'the Act'), the Government can decline to notify in the Official Gazette the election of President of a Municipal Council, who has been declared elected as such in the first meeting of the Municipal council,convened under Rule 3 of the punjab Municipal (President and Vice-President)Election Rules, 1994 (hereinafter referred to as 'the 1994 Rules')read with Section 20 of the Act, on the ground that quorum of the said meeting was not complete and the President elect, being a Scheduled caste Councilor, was not eligible to be elected to the office of the President,which is reserved for the General category ? (2) Whether there is any quorum prescribed for the first meeting of the members of the Municipal Council convened under rule 3 of the 1994 Rules read with Section 20 of the Act, for the purpose of administering oath and election of the President and vice-President of the Municipal Council ? these are the two questions, which are to be answered in this petition.

(2.) THE brief facts of the case are that the municipal Council, Sangruras per the composition of Municipalities under Section 1 of the Act, consists of 21 elected members and one Member of the Legislative Assembly of sangrur constituency (the ex-officio member ). The election of the members of the municipal Council, Sangrur, was held on 30-6-2008 along with the election of various municipalities in Punjab and 21 members were elected from different Wards. The petitioner was elected as Municipal Councilor from Ward No. 13, which was reserved for a scheduled Caste. After the election, names of the petitioner and other members elected were duly notified by the Government vide gazette Notification dated 9-7-2008. There after, as required under Rule 3 of the 1994 rules, the Deputy Commissioner, Sangrur, authorised Sub-Divisional Magistrate, sangrur as convener to convene the first meeting of the members of the Municipal council, Sangrur to administer oath to the newly elected members and to conduct the election to the office of President and Vice-President. Consequently, Sub-Divisional magistrate, Sangrur, convened the said meeting on 23. 7. 2008 and due notice of the said meeting was given to all the 22 members (21 elected members and one ex-officio member), which was to be held at 11. 00 a. M. , in the office of Municipal Council, sangrur.

(3.) ON 23. 7. 2008, 11 members (10 elected members and one ex-officio member) attended the said meeting. 11 other members allegedly belonging to Shiromani Akali Dal and Bhartiya Janta Party did not come present at the time of the meeting. The meeting started at 11. 00 A. M. The oath was administered to the 10 elected members,who attended the meeting. Thereafter, proceedings with regard to the election to the office of President and Vice-President were started. It has been stated in the proceedings that the quorum was complete, as out of 22 members, 11 were present (10 elected + 1 M. L. A. ). Name of the petitioner was proposed and seconded for the office of president. There was no other candidate for the office of the President. Therefore, the petitioner was elected as President of the municipal Council. Subsequently, Shri jaswinder Singh and Shri Ravi Kumar were elected as Senior Vice-President and Vice-President, respectively. After the election process of the office of President and the vice-President was over. the remaining 11 members came to the convener and stated that they could not come (sic) present in the court due to the 'punjab Bundh'. They further stated that the fresh elections of President and Vice-President be conducted. The convener did not accept their request and observed that their presence cannot be marked at that stage, because meeting with regard to the election had already been completed. He has recorded this fact at the end of the proceedings,while specifically observing that the same could not be treated as part of the proceedings. The State government is required to notify the name of the elected President in the Official Gazette under Section 24 (2) of the Act.