NATHI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) NATHI Ram Petitioner was elected as a member of the Municipal Committee, Hodal, in 1964. He was elected as the President of the Committee on 28th August 1964 and his name as President was duly notified in the Official Gazette dated 25th September, 1964. Fresh election for the office of President took place on 22nd September, 1967 and one Siri Chand Aggarwal was elected as President and Ram Lal as the Vice President of the Committee. A notice dated 24th February, 1968 along with a statement of allegations Annexure 'A' to the writ petition) was issued by the Secretary to Government, Haryana, Local Government Department, to the petitioner under Sections 22 and 16 (1) (e) of the Punjab Municipal Act, 1911, asking him to show cause why he should not be removed from the membership of the Municipal Committee Hodal, and further disqualified for a period of five years. The statement of allegation was as under:

(2.) THE petitioner received notice dated 10th May, 1968 from the Deputy Director (R), Urban Local Bodies, Rohtak, issued by him under Section 50 of the Municipal Act requiring the petitioner to show cause within twenty -one days as to why he should not be required to make good the loss of Rs. 141. 61 to the municipal fund. Thereafter in the third week of August, 1968 the petitioner received order dated 7th August, 1968 (Annexure 'D' to the writ petition) removing him from the membership of the Committee with immediate effect and further disqualifying him for election for a period of three years from the date of the publication of the order in the Official Gazette. This order was passed under Sections 16(l)(e) and 16(2) of the Punjab Municipal Act. The petitioner has filed the present writ petition for the quashing of that order.

(3.) FOR the reasons given above, this writ petition is allowed with costs and the impugned order dated 7th August, 1968 is hereby quashed. Counsel's fee Rs. 100/ -.