ISHAQ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE sole question involved in this petition is whether the Presiding Officer of the meeting convened for the election of President and Vice President of the Municipal Council from the elected Municipal Councillors, can postpone the meeting without conducting draw of lots in presence of the Members attending the meeting in case two candidates contesting the election of President or Vice President obtain equal number of votes, or, whether, in such situation, the Presiding Officer is required to immediately conduct the draw of lots in presence of the Members attending the said meeting.

(2.) THE Municipal Council, Malerkotla consists of 32 Members, including the Member of Legislative Assembly of the area. After the election, a special meeting of the elected Municipal Councillors was called on 23.7.2008 to administer oath and to elect President and Vice President of the Municipal Council, Malerkotla. The Deputy Commissioner appointed Sub Divisional Magistrate (respondent No. 3 herein) to preside over the said meeting and to conduct the election of President and Vice President. Petitioner No. 1 and respondent No. 4 contested the election for the office of President whereas petitioner No. 2 and respondent No. 5 for Vice President of the Municipal Council. Out of 32 Members, including Member of Legislative Assembly of the area, attending the said meeting, 16 Members voted in favour of petitioner Nos. 1 and 2, and the remaining 16 Members (including Member of Legislative Assembly) voted in favour of respondents No. 4 and 5 for the office of President and Vice President, respectively. Thus, both groups secured equal number of votes, i.e. 16 each, (out of total 32 number of votes). The Presiding Officer asked both the groups for the conduct of draw of lots, but respondents No. 4 and 5 did not agree for that, and in that situation, the Presiding Officer postponed the meeting without any result. The petitioners have challenged the said action of the Presiding Officer in this writ petition.

(3.) IT has been stated that the Presiding Officer before postponing the matter of draw of lots had talked with a politician to postpone the draw of lots by observing that one party was not ready for draw of lots.