RAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, a former President of Nagar Panchayat, Cheema, prays that the resolution of no confidence dated April 9, 1997 passed by the Municipal Committee and the notification dated January 14, 1998 issued by the State Government by which he has been removed from the office of President, be quashed. A few facts may be noticed.

(2.) On December 16, 1994 the petitioner was elected as President of the Nagar Panchayat, on April 9, 1997 a meeting for consideration of the motion of no confidence against the petitioner was called. The Deputy Commissioner sent a wireless message for the postponement of the meeting. Irrespective of that, the Municipal Councilors met and the motion of no confidence was passed. On August 12, 1997 the State Government issued a show cause Notice to the petitioner calling upon him to explain as to why he be not removed from the Presidentship of the Nagar Panchayat. The petitioner submitted his reply on September 5, 1997. Vide notification dated January 14, 1998 the Government ordered the petitioner's removal. Hence this petition. The petitioner challenges the impugned action on a two-fold basis. Firstly, it is alleged that the Deputy Commissioner had stayed the meeting. The Municipal Councillors had no right to meet and pass the resolution. Secondly, it is alleged that the impugned action is vitiated as Mr. Bhagwan Dass Arora, M.L.A. had voted in favour of the resolution. The petitioner alleges that in view of the provisions of S. 20, an associate member could not have cast his vote.

(3.) A written statement has been filed on behalf of respondents 1 and 2. It has been inter alia averred that the Nagar Panchayat consists of 12 members. The resolution had been passed on April 9, 1997 by 8 members. Since the resolution had been passed by 2/3rd members of the Committee, the petitioner was deemed to be under suspension immediately after the resolution was passed. It has been further pointed out that the provisions of S. 20 had been amended and that the disqualification which attached to an associate member does not subsist.