AMANDEEP SINGH GILL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - This petition has been filed by Amandeep Singh Gill, a Councilor of Municipal Council, Raikot, District Ludhiana, under Articles 226/227 of the Constitution of India for quashing the notification dated 1.9.2008 (Annexure P-4), issued by the Director & Special Secretary, Local Government Department, Punjab (respondent No. 2 herein), whereby name of Vijay Kumar Jain (respondent No. 4 herein) has been notified as President of the Municipal Council after rejecting the part of the resolution dated 27.8.2008, passed by the Municipal Council, Raikot, electing respondent No. 4 herein as President for the initial 2-1/2 years and the petitioner Amandeep Singh Gill for the remaining 2-1/2 years.

(2.) THE brief facts of the case are that the Municipal Council, Raikot consists of 15 elected members and one Member of Legislative Assembly being the ex- officio member. Election of the Municipal Council, Raikot took place on 30.6.2008. The petitioner was elected as Municipal Councilor from Ward No. 9, whereas respondent No. 4 was elected as such from Ward No. 10. After the declaration of result, names of the elected Municipal Councilors were notified. Thereafter, the Deputy Commissioner, Ludhiana, authorised the Sub Divisional Magistrate, Raikot to convene the first meeting of the elected members under Rule 3 of the Punjab Municipal (President and Vice-President) Election Rules, 1994 (hereinafter referred to as 'the Rules'), to administer the oath of allegiance to the newly elected Municipal Councilors and to conduct the election of the President and Vice President of the Municipal Council. The first meeting was fixed for 23.7.2008, but the said meeting was adjourned. Thereafter, the second meeting was fixed for 13.8.2008, which was also cancelled. Subsequently, the third meeting was called by the Convener-cum-SDM, Raikot for 27.8.2008. Notice of the said meeting was duly served on all the members of the Municipal Council, Raikot. On 27.8.2008, all the 15 elected members of the Municipal Council came present. However, the Member of Legislative Assembly, who is ex-officio member, did not attend the said meeting. After administering oath to all the elected members, the process for election of the office of President and Vice President was started. One Raj Kumar, Municipal Councilor, proposed the name of respondent No. 4 for the office of President, which was seconded by Charanjit Singh, another Councilor. Simultaneously, one Mulkh Raj, Municipal Councilor, proposed the name of the petitioner for the office of President, which was seconded by Buta Singh, Municipal Councilor. Thereafter, instead of proceeding for voting as required under Rule 4 of the Rules, the convener permitted all the Municipal Councilors to pass the resolution that the first term of President for 2-1/2 years will be given to respondent No. 4 and the second term of the remaining period of 2-1/2 years will be given to the petitioner. In the said meeting, Shri Mulakh Raj was unanimously elected as Vice President of the Municipal Council. The convener sent the said resolution dated 27.8.2008 to the Government for notification under Section 24 (2) of the Punjab Municipal Act, 1911 (hereinafter referred to as 'the Act'). Respondent No. 2, while exercising the powers of the Government, vide notification dated 1.9.2008 (Annexure P-4), notified election of respondent No. 4 as President of the Municipal Council, Raikot, by accepting part of the said resolution dated 27.8.2008, electing respondent No. 4 herein as President for the initial 2-1/2 years and however rejecting part of the said resolution, whereby petitioner Amandeep Singh Gill was elected for the remaining 2-1/2 years.

(3.) AT the first instance, learned counsel for the respondents raised the preliminary objection that since name of respondent No. 4 as President of the Municipal Council, Raikot, has been notified, therefore, this writ petition is not maintainable, as the petitioner has the alternative remedy of challenging the election of respondent No. 4 by way of filing the election petition under Section 76 read with Section 89 of the Punjab State Election Commission Act, 1994.