MADAN LAL Vs. STATE

JUDGEMENT

(1.) The petitioner was elected as a member of the Municipal Committee, Chamba in 1967. One Miss Padma Vati, daughter of Mr. Amar Nath, submitted an application to the competent authority for the grant of eligibility certificate in 1968. A representation was made in the said application that Miss Padma Vati had resided in Monalla Kashmiri, Chamba for more than 3 years prior to the date of the application. The aforesaid averment made in the application was verified to be correct by the petitioner. On the basis of the said application, duly verified by the petitioner, Miss Padma Vati was granted eligibility certificate by the Executive Magistrate, Chamba on March 15, 1969.

(2.) It appears that an enquiry came to be made subsequently into the circumstances leading to the grant of eligibility certificate to Miss Padma Vati during the course of which it transpired that she had passed the matriculation examination and the J.B.T. examination from Jullundur in 1967 and 1968 respectively. Besides, her parents resided at Chandigarh and not in Chamba. It thus transpired that the eligibility certificate was obtained by her on a misrepresentation.

(3.) A notice dt. April 20, 1971, Annexure PA, was thereupon issued to the petitioner to show cause why he should not be removed from the membership of the Municipal Committee and disqualified from contesting elections under the provisions of S.15 of the Himachal Pradesh Municipal Act, 1968 (hereinafter referred to as the Act). The show cause notice mentioned that by verification of wrong facts contained in the application of Miss Padma Vati, the petitioner had flagrantly abused his position as a member of the Municipal Committee and rendered himself liable for removal under S.15(1)(e) of the Act.