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2013 Supreme(P&H) 1201

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SATISH KUMAR MITTAL & MAHAVIR S. CHAUHAN, JJ.
Davinder Kapoor and Others – Appellants
Versus
State of Punjab and Others – Respondents
L.P.A. No. 1369 of 2013
Decided On : 5.8.2013

Advocates Appeared:
Mr. S.P. Jain, Senior Advocate, with Mr. Dheeraj Jain, Advocate, for the Appellants.

Headnote:Punjab Municipal Act, 1911, S.13--Tenure of Municipality--Staring Point--First meeting--Word 'held' used in explanation to S.13(1) of the Act--Held, it does not mean meeting in which transaction of administering oath to members and election of President and Vice President actually takes place--Rather it means a meeting which is convened under provisions of the Act for the purpose of administering oath and for election of President and Vice President--It would not make any difference if said meeting is successful on that day or not, but in all circumstances, tenure of Municipality shall be counted from the date, which is appointed for its first meeting--Tenure of the Municipality shall not be counted from the date when all the newly elected members were administered oath or from the date of the meeting when election of the President and Vice President actually took place--Punjab Municipal Act, 1911, S.13(1). (Para 14)

JUDGMENT

SATISH KUMAR MITTAL, J.

1. The instant Letters Patent Appeal has been filed by the appellants, who were the elected members of Municipal Council, Ferozepur, for setting aside the order dated 19.7.2013 passed by the learned Single Judge, whereby the writ petition (CWP No. 19261 of 2912) filed by some residents of Ferozepur City (respondents No. 9 to 14 herein) for quashing the letter dated 20.7.2012 (Annexure P1) issued by the Punjab Government to the Executive Officer, Municipal Council, Ferozepur, declaring the term of the Municipal Council, Ferozepur for five years with effect from 4.5.2010, was allowed and it was held that tenure of the members of the Municipal Council, Ferozepur, would be for a period of 5 years from 22.7.2008, the date when the first meeting of the Municipal Council was convened, and since the tenure of 5 years of the said Municipal Council would expire on 22.7.2013, therefore, election of the Municipal Council, Ferozepur be immediately held in accordance with law.

2. Before the legal controversy raised in this appeal is dealt with, certain relevant facts are required to be mentioned.

3. The Municipal Council, Ferozepur, consists of 25 members. Elections of members of the Municipal Council were held on 30.6.2008 along with the other Municipal Councils in the State of Punjab. The result of the said elections was duly notified by the Government of Punjab on 9.7.2008. In view of Rule 3 of the Punjab Municipal (President & Vice President) Election Rules, 1994 (hereinafter referred to as the Rules of 1994), vide letter dated 11.7.2008, the Deputy Commissioner, Ferozepur, appointed the first meeting of the Municipal Council for 22.7.2008 for administering oath to the newly elected members and for election of the President, Senior Vice President and Junior Vice President. But when the said meeting was convened on 22.7.2008, some unidentified persons entered the meeting place and disturbed the meeting. They forcibly snatched the attendance and proceeding register and ran away with the same. It was alleged that by the time, the meeting was suddenly disturbed, some of the members had already taken the oath, but after the said incident, the members started quarreling and slapping each other. In these circumstances, the meeting was postponed.

4. Later on, three elected members of the Municipal Council filed CWP No. 12952 of 2008 seeking direction to the Presiding Officer to sign the proceeding book pertaining to the meeting held on 22.7.2008, alleging therein that in the said meeting, after administering oath to 18 members, they were elected as President, Senior Vice President and Junior Vice President. Vide order dated 15.10.2008 (Annexure R9/1), the said writ petition was dismissed by this Court with a direction to the authorities to convene a fresh special meeting, immediately, for taking oath and electing President/Vice President of the Municipal Council.

5. In pursuance of the said direction, a fresh meeting was convened on 24.7.2009. In that meeting, only 9 members of the Municipal Council came present and they were administered oath. It is alleged that in the said meeting, one member of the Municipal Council, namely, Ashwani Kumar Grover, was elected as President of the Municipal Council. When his election as President was not notified, he along with other persons approached this Court by filing CWP No. 11855 of 2009 seeking direction to the State Government to notify his election as President of the Municipal Council. Vide order dated 13.1.2010 (Annexure R9/2), the said writ petition was dismissed as withdrawn, as the State Government had taken a stand that it had not yet taken the decision with regard to validity of the meeting convened on 24.7.2009. Thereafter, vide order dated 16.2.2010 (Annexure R9/3), the Principal Secretary, Local Government, Punjab, declared the meeting dated 24.7.2009 as illegal and voidabinitio and directed the Deputy Commissioner, Ferozepur, to immediately convene the meeti







































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