JUDGMENT :

Sureshwar Thakur, J.

1. Through the instant writ petition, the petitioners seek quashing of the proceedings of the meetings of Municipal Council, Nawanshahr, held by respondent No. 4 on 28.8.2023 (Annexure P-3), on 29.9.2023 (Annexure P-9), on 15.12.2023 (Annexure P-14), on 24.6.2024 (Annexure P-16) and on 29.7.2024 (Annexures P-17 and P-18), and any other meeting held after April 2023, as the same became conducted in violation of the provisions of the Punjab Municipal Act, 1911 (for short the Act of 1911').

Brief facts of the case

2. The President of Municipal Council, Nawanshahr was removed by a notification/order, and, the said removal became challenged by filing CWP No. 17139 of 2023 titled as Sachin Diwan versus State of Punjab and others, which is pending adjudication. The Vice President of the Municipal Council relinquished his office upon completion of his term, and, since then no election has been held afresh to fill the said vacancy. Respondent No. 4 called a meeting for 28.8.2023, upon which the petitioners filed their objections and apprehensions in writing by way of a representation, whereins it was stated that the post of Vice President is lying vacant, and, until such elections are conducted, respondent No. 4 has no authority to set agendas and hold meetings as such a power only lies with the President or the Vice President. However, since the meeting was held on 28.8.2023, therebys the petitioners moved another representation before the respondents concerned, to enquire about the status of their representation and the decision taken thereon.

3. Respondent No. 2 issued instructions dated 8.9.2022, whereins, respondent No. 2 has in unequivocal terms, thus written to the Deputy Commissioner concerned, to conduct the elections of the President/Vice President, as and when the said post becomes vacant.

4. On 26.9.2023, another notice was issued wherebys, the apposite agenda became set by respondent No. 4, thus for discussion in the meeting of the Municipal Council concerned, scheduled on 29.9.2023. Resultantly, the petitioners again moved a representation to the respondents concerned for revoking the said notice and for not holding the said meeting, as the election to the post of Vice President has still not been held. The petitioners also gave a legal notice to respondents No. 2 to 5 to withdraw the notice (supra). However, despite the above, respondent No. 4 proceeded to hold meeting on 29.9.2023.

5. Earlier the petitioners had also filed a writ petition before this Court bearing CWP No. 24260 of 2023 titled as Kuhvant Kaur and others versus State of Punjab and others, whereins, challenge was made to the holding of two unlawful meetings even without the said meetings becoming chaired by the duly elected Vice President. However, since there was no stay order in the petition (supra), therefore, respondent No. 4 continued to conduct unlawful meetings, and, even passed the budget for the Municipal Council concerned, thus without any authority. Subsequently, in order to lay challenge to the subsequent meetings and proceedings, the petitioners withdrew the petition (supra) with liberty to file afresh by challenging the subsequent meetings also.

6. In the reply filed by respondent No. 4, it is averred that one Sachin Diwan, who was the President of the Municipal Council concerned, was removed by the State under Section 22 of the Act of 1911, as he had abused his powers as the President of the Municipal Council. It is further averred that since the tenure of the Senior Vice President/Vice President, has expired and no senior President or Vice President has been elected, therefore in their absence no meetings had been held. It is also averred that under Section 5 of the Punjab Municipal (Executive Officer) Act, 1931 (for short the Act of 1931'), provision whereof becomes extracted hereinafter, the Executive Officer may exercise all or any of the powers conferred upon the Secretary of the Committee by the Municipal Act or