The court established that the cancellation of a requisitioned special meeting of the Municipal Council was illegal and void ab initio, and the subsequent meeting convened for the election of the President was without jurisdiction. The State Government's failure to notify the election of the petitioner was held to be without sufficient cause.

AMAR BIR SINGH GILL, J.

1. These two Civil Writ Petitions Nos. 11510 of 2000 and 4608 of 2001 are being disposed of by a common judgment since an identical relief of issuance of mandamus to the respondent State for notifying the election of Ashok Kumar Gupta, petitioner, in CWP No.11510 of 2000 and that of Dharam Singh Aulakh, petitioner in CWP No. 4608 of 2001 as President of Municipal Council, Ferozepur City in the election held on two dates i.e. 21-8-2000 and 25-9-2000 respectively is claimed. The relevant facts pertaining to the controversy in these two writ petitions are being taken from C.W.P. No 11510 of 2000.

2. In the meeting of Municipal Council, Ferozepur on 24-4-2000 no confidence motion was passed against Dharam Singh, the then President of the Municipal \Council which resolution was challenged in C.W.P. No. 6727 of 2000. A Division Bench of this Court disposed of the said writ petition by order dated 9-6-2000, Annexure P-1 in the following terms :-

"i) within 3 days from today, the petitioner No.9 may tender his resignation from the office of the President before the competent authority of the Municipal Council, Ferozepur;ii) on receipt of the letter of resignation, the competent authority of the Municipal Council, Ferozepur, shall convene the meeting by giving notice of the prescribed duration to all the members;iii) if the resignation of petitioner No.9 is accepted, then fresh election to the office of the President, be held strictly in accordance with law within a period of four weeks."

3. Dharam Singh tendered his resignation on 20-6-2000 and the same was accepted by the Government and the Executive Officer was informed by the State on 7-7-2000. In view of the mandate of this Court in its order, Annexure P-1 election of the President of the Council was to take place within four weeks therefrom i.e. on or before 7-8-2000. The then Vice President, however, was not issuing any notice for election meeting. Six Municipal Councillors then on 25-7-2000 submitted a letter, Annexure P-2, to the Executive Officer for requisitioning an election meeting. The Executive Officer thereafter informed respondent No. 4-Senior Vice President of the Municipal Council in respect of acceptance of the resignation of Dharam Singh and requirement of holding of election within four weeks. He also requested for issuance of ballot papers from the Deputy Commissioner, Ferozepur on 21-7-2000 and the ballot papers duly signed by the Deputy Commissioner, Ferozepur were lateron received in the office on 3-8-2000. The Deputy Commissioner, Ferozepur also appointed the Sub Divisional Magistrate. Ferozepur-respondent No.2 as an Observer of the meeting. Respondent No.4, however, instead of holding the election within four weeks of the receipt of the date of acceptance of the resignation, called a meeting for 21-8-2000 at 3 pm in the Town Hall for the purpose of election of the President. Notice, Annexure P-3, in this respect was issued on 7-8-2000 to the Councillors intimating the agenda of the meeting. However, on 20-8-2000, respondent No.4 passed order, Annexure P-5, which reads as under :To The Executive Officer,Municipal Council,Ferozepur.Sub : About cancellation of election of the President, Municipal Council, dated 21-8-2000.Dear Sir,It is submitted that to-day on 20-8-2000, I suddenly became unwell and have got myself checked up by the doctor. The doctor told me that I appear to be a heart patient and he advised me to immediately go to Delhi and get all the necessary tests carried out from a good hospital. Therefore, in view of the advice of the doctor I have suddenly to go to Delhi, to-day on 20-8-2000 for getting myself checked up. Therefore, I cancel the meeting of the Municipal Council for electing the President, Scheduled to be held on 21-8-2000. next date for the elcetion of the President shall be intimated later on. All the Municipal Councillors be informed about it immediately.Sd/- Kinder 20-8-2000 Smt. Kinder Hans,