(1.) The Municipal Committee, Batala (respondent No. 3) vide resolution No. 493, dated February 28, 1975 (Annexure P-8) approved the conditions proposed by the office for the auction of manure for the year 1975-76 and further authorised the President to accept the last bid. The manure was put to auction on March 14, 1975, by the Executive Officer of the Municipal Committee. The bids were offered by various persons. The highest bid was that of Madan Lal for Rs. 37,000/-. The Executive Officer recommended that the highest bid of Madan Lal be accepted which was reasonable. The bid-sheet (annexure P-9) on which were recorded the names of the bidders was signed by the Medical Officer of Health, the Secretary of the Municipal Committee as also by the Executive Officer on the same date, besides the Assistant who did the writing work. Panna Lal Nayyar petitioner being the then President of the Municipal Committee recorded the following note on the bid list :-
(2.) On March 31, 1975, resolution No. 555 relating to the auction of manure conducted on March 14, 1975, was considered and carried. One Mohan Lal, Member of the Municipal Committee raised an objection which was overruled. A copy of resolution No. 555, dated March 31, 1975 is Annexure P-10. Panna Lal Nayyar petitioner was detained during the emergency. On October 24, 1975, when he was under detention he was sent a show-cause notice (Annexure P-1) which reads as under :-
(3.) I am, therefore, directed to call upon you under proviso to Sections 22 and 16(1) ibid to show-cause why you should not be removed from the office of President and from the membership of the Municipal Committee, Batala. You should tender your explanation with copy (copies) of the documents in support, if any, to the Secretary to Government Punjab, Local Government Department as to reach him within a period of twenty-one days from the date of despatch of this letter. In case, no explanation is received within the stipulated period it will be considered that you have none to offer and Government may proceed to consider further action in the matter."