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2023 Supreme(P&H) 423

LISA GILL, RITU TAGORE
Vikas Deep – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. Gaurav Chopra, Sr. Advocate, with Mr. C.M.Munjal, Advocate, Ms. Vasundhra Asija, Advocate, Mr. Abhinandan Mutneja, Advocate and for the Appellant; Mr. Amit Jain, Sr. Advocate with Mr. Ferry Sofat, Addl.AG., Punjab and Mr. Sandeep Jain, Addl.AG., Punjab. Mr. D.V.Sharma, Sr. Advocate with Mr. Tushar Sharma, Advocate Mr. Shailendra Jain, Sr. Advocate with Ms. Navneet Kaur, Advocate Mr. Munish Sharma, Advocate and Mr. Neeraj Madaan, Advocate, for the Respondent.

JUDGMENT

Lisa Gill, J. - Prayer in this writ petition is for setting aside notification dated 17.02.2023, Annexure P-14, whereby petitioner has been removed from the post of President, M.C Jalalabad (W), Punjab (for short 'M.C. Jalalabad) in terms of Section 22 of the Punjab Municipal Act, 1911 (for short 'the 1911 Act').

2. Brief facts as pleaded in the writ petition are that petitioner was elected as Municipal Councillor, from Ward No. 2 of the M.C Jalalabad, in February 2021 and thereafter he was unanimously elected to the post of Municipal Councilor, Jalalabad on 26.04.2021. It is submitted that petitioner was carrying on with good work for the city of Jalalabad and development works were being carried out by the petitioner in a dedicated fashion. Respondent no.3, it is stated was elected as Member of Legislative Assembly (MLA) in the month of March 2022. Respondent no.3, it is stated belongs to the present ruling party and immediately on being elected as MLA, respondent no. 3 started pressurizing the petitioner to work as per his wishes. This was so as petitioner statedly supported the rival candidate belonging to his own party, thus offering stiff opposition to respondent no.3.

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