JUDGMENT

Sureshwar Thakur, J.

Factual Background

In the year 2019 elections were held for the post of Councillors to Municipal Council, Talwara. The private respondent one Monika Sharma was subsequently elected as President, Municipal Council, Talwara. The election of the private respondent (supra), as President, Municipal Council, Talwara, is reflected by Annexure P-1.

2. However subsequently, the Municipal Councillors concerned, were dissatisfied with the working of the private respondent, as President of Municipal Council, Talwara, and, as such in terms of sub-Section 3 of Section 25 of The PUNJAB MUNICIPAL ACT , 1911 (hereinafter referred to as "the Act") they served a notice on 10.12.2021, upon private respondent-Monika Sharma, hence for the relevant meeting being convened. The purpose of the said meeting was to enable the dissatisfied Councillors to move a no confidence motion against the private respondent. However, since in terms of sub Section 3 of Section 25 of the Act, the said meeting was not convened within a period of 14 days, from the private respondent purportedly receiving the said notice. Therefore, the Members/Councillor who had on 28.12.2021, signed the requisite notice, accessed the Executive Officer concerned, to schedule the relevant meeting on 04.01.2022. Though, the said requisition was acceded to by the Executive Officer concerned. However, the said meeting was postponed to 10.01.2022. The SDM concerned, was appointed as an Observer, for the said meeting, but he was not present, leading to as revealed by Annexure P-7, a meeting of the dissatisfied Councillors being convened, on 14.01.2022. In the said meeting a no confidence motion was tabled, and was also successfully passed by the relevant requisite quorum of the Municipal Councillors concerned.

3. Since in terms of the second proviso to Section 22, the no confidence motion was required to be also approved by the State Government. Therefore, the competent authority who received the said no confidence motion, as revealed by Annexure P-12 rather did not approve the said no confidence motion. The reason as set forth therein is carried in paragraph 9 of Annexure P- 12, paragraph whereof, becomes extracted hereinabove.

"9. That the meeting held on 14.01.2022 regarding the no confidence motion by the councillors at their own level regarding removal of the President, Municipal Council, Talwara from the post of President is cancelled due to violation of Section 25(3) of Punjab Municipal Act, 1911."

Submissions Of The Learned Senior Counsel For The Petitioners

4. The learned Senior counsel appearing for the petitioners, has vehemently argued, that the decision drawn by the competent authority, and, as enclosed in Annexure P-12 is contrary to the mandate of sub Section 3 of Section 25 of the Act of 1911.

5. He submits that since the requisite quorum, had successfully passed a no confidence motion against the private respondent. Thus, he argues that the mandate carried in sub Section 3 of Section 25 of the Act, could not be read stricto sensu nor could be assigned any mandatory overtone, as then, the successful passing of the no confidence motion against the private respondent, would be defeated, and, resultantly would make the successfully engaged democratic process, hence for the removal of the private respondent, from the office of President of M.C. Talwara, rather becoming untenably frustrated.

6. He further argues, that in terms of sub Section 3 of Section 25 of the Act, the period of 14 days was to be computed from 28.12.2021, therefore, he submits that by making the relevant computation from 28.12.2021, the period of 14 days therefrom rather elapsed on 10.01.2022. Furthermore, he also submits that sin