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1963 Supreme(P&H) 7

S.S.DULAT, TEK CHAND, D.K.MAHAJAN
Jogindar Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

Tek Chand, J.

1. This is a petition under Article 226 of the Constitution praying for the issuance of a writ of mandamus or any other appropriate writ, direction or order requiring the State of Punjab, the first respondent, and the Deputy commissioner, Hoshiarpur, the second respondent to restore the petitioner to the office of Municipal Commissioner, Mukerian Municipal Committee, from which it is alleged that he had been wrongly and improperly removed. According to the allegations made in the petition, the petitioner is said to be a persona non grata with the Punjab State because of his political activities. Accordingly, the State Government by notification No. 10212-ICI-60/53358 dated 16th September, 1960, ordered that the petitioners seat as-member of the Municipal Committee, Mukerian, shall be vacated from the date of publication of the said notification and it was further ordered that, under Section 16(3) of Punjab Municipal Act, 1911, the petitioner would be disqualified for election for a period of three years from the said date. This was contended to be a mala fide removal. It was further contended that Section 16 of the said Act dealt with the subject of removal of























































































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