KARAM SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) WHETHER Section 236(2) of the Punjab Municipal Act necessarily envisages the affording of an opportunity of being heard to all the persons likely to be affected by the annulment or modification of a resolution of the municipality under the aforesaid provision, is the significant question which falls for determination in this reference to the Division Bench.

(2.) FOR the limited purpose of the determination of the aforesaid legal issue a bare reference to the facts suffice. On the basis of a note recorded by its President, the Municipal Committee, Patiala, by its resolution No. 705, dated the 18th September, 1970, resolved that certain agricultural land situated in the revenue estate of Kheri Gujjran be cultivated by Karam Singh Petitioner in partnership with the Committee. In pursuance of the said resolution a partnership deed was executed betwixt the Petitioner and the Committee and the possession of the land was delivered to the Petitioner on the same day. One of the terms of the partnership deed was that it was for a fixed period of five years and could be extended with mutual consent of the parties. In order to further effectuate the partnership agreement, the Municipal Committee was contemplating to pass a further resolution. However, the Deputy Commissioner, Patiala, Respondent No. 3 passed the order under Section 232 of the Punjab Municipal Act directing the Committee not to consider the agenda regarding that resolution. Subsequently the Governor of Punjab by his order dated the 15th of October, 1970, annulled the above -mentioned resolution No. 705 dated the 18th September, 1970, passed by the Municipal Committee on the ground that the same was not in the interest thereof. The Petitioner primarily seeks to challenge the aforesaid annulment of the resolution under Section 236(2) of the Punjab Municipal Act.

(3.) IN order to appreciate the rival contentions, the material provisions of the Punjab Municipal Act (hereinafter called the Act) which call for notice are firstly Section 232 which empowers the Deputy Commissioner by order in writing to suspend any resolution or order of the Committee if the pre -requisites specified in the said section are satisfied. The succeeding Sections 233 and 134 of the Act vest some extraordinary powers in the Deputy Commissioner in cases of emergency and for the performance of duties in cases of gross default by the Committee respectively. However, the material provisions of Sections 235 and 236 deserve notice in extenso: