IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
UDAYVIR SINGH DHILLON – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (231) CWP-16128-2024 Date of Decision : September 23, 2025 Udayvir Singh Dhillon .. Petitioner Versus State of Punjab and others .. Respondents (231-2) CWP-16816-2024 Udayvir Singh Dhillon .. Petitioner Versus State of Punjab and others .. Respondents (231-3) CWP-16047-2025 Navjot Singh and others .. Petitioners Versus State of Punjab and others .. Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI Present: Mr. D.S. Patwalia, Senior Advocate, with Mr. A.D.S. Jattana, Advocate and Mr. B.S. Patwalia, Advocate, for the petitioner in CWP-16128-2024.
Mr. Ashok Aggarwal, Senior Advocate, with Mr. Mukul Aggarwal, Advocate and Mr. Hari Pal, Advocate, for the petitioner in CWP-16816-2024.
Mr. Nakul Sharma, Advocate, for the petitioners in CWP-16047-2025.
Mr. Rahul Rampal, Addl. Advocate General, Punjab.
Dr. Anmol Rattan Sidhu, Senior Advocate, with Mr. Shiv Kumar Sharma, Advocate, for respondent No.6.
Mr. Puneet Jindal, Senior Advocate, with Mr. Puneet Bhushan, Advocate, for respondents N o. 7 to 23 in CWP-16128 of 2024.
Mr. Sandeep Khunger, Advocate, with Mr. Saksham Khunger, Advocate and Ms. Srishti, Advocate, for respondent No.6 in CWP-16816-2024 and CWP-16047-2025. HARSIMRAN SINGH SETHI J. (ORAL)
1. By this common order, three writ petitions, the details of which have been given in the heading, are being disposed of as all these petitions involve the same question of law on similar facts.
2. In the present bunch of writ petitions, two petitions have been filed by the President of the Municipal Council, Zirakpur (hereinafter called the ‘President’). In the first petition, the prayer put-forth by the petitioner is that the Resolution dated 05.07.2024 passed in pursuance to the requisition dated 28.06.2024, which was moved by the Members of the Municipal Council be treated as having been failed and in the second writ petition filed by the President, the prayer is that since the meeting of the Municipal Council, Zirakpur held on 15.07.2024 is without jurisdiction and the same was not a validly convened meeting, therefore, any Resolution passed in such meeting be treated as nullity for all intents and purposes.
3. CWP No.16047 of 2025 has been filed by the 16 Members of the Municipal Council, Zirakpur (hereinafter called the ‘Members’) with the prayer that at least Election qua the post of Vice President should be conducted keeping in view the order passed by the Coordinate Bench of this Court in these bunch of petitions that the Deputy Commissioner, SAS Nagar, Mohali will act as Administrator of the Municipal Council so as to conduct the meeting of the elected Members and the said Administrator has also been restrained from taking any decision with regard to any policy decision and development work are not being done which is causing prejudice to the residents of the Municipal Council, Zirakpur.
4. Certain facts needs to be noticed for the correct appreciation of the issue in hand.
5. The issue in hand relates to the “no confidence motion” called by the elected Members against the President namely Udayvir Singh Dhillon, who is the petitioner before this Court in CWP No.16128 and 16816 of 2024. A requisition dated 28.06.2024 was moved by the requisite number of the Municipal Members i.e. 1/5th of total elected members of Committee asking the President of Municipal Council, Zirakpur that a meeting be called to consider “no confidence motion” against the President. 6. After the said requisition was received by the President, on 03.07.2024 the President intimated the Executive Officer qua agenda for holding the meeting qua the requisition dated 28.06.2024 for 05.07.2024.
7. As the President was under an apprehension before conducting of meeting that he might be facing certain difficulties during the conduct of the said meeting hence, a writ petition was filed by him before this Court praying qua grant of effective measures so as to ensure that there is no un
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