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HARSIMRAN SINGH SETHI, J. (Oral)

1. The present petition has been filed with a prayer that as the post of Vice President was filled on 25.11.2022 hence, the tenure of the municipality which is of 05 years is to be counted from the said date, and keeping in view the said fact, as of now, the municipality has not completed said 05 years term, but still, the respondents have already issued a notification dated 11.05.2026 for holding the elections to the Municipal Council, Morinda, which are now scheduled to be held on 26.05.2026. Learned counsel prays that the elections so announced for Municipal Council, Morinda be declared as void till, 05 years term is completed starting from November, 2022 onwards, which will be November, 2027.

2. Certain facts and provisions relating to the duration of the municipality needs to be noted for the correct appreciation of the issue in hand.

3. The elections of the Municipal Council, Morinda were held by the State on 14.02.2021 and upon completion of the process of elections, the required number of Municipal Councillors were elected. After election process got concluded, the Municipal Councillors are to be administered oath of an office and on the same day the elections to the post of President/Vice President are to be undertaken as per Punjab Municipal (President and Vice President) Election Rules, 1994 (for short, the 1994 Rules) which have been framed under the Punjab Municipal Act, 1911 (for short, ‘the Act of 1911’).

4. In the present case, keeping in view the fact that a writ petition filed before this Court being CWP-8185-2021, wherein an interim order was passed for not holding the election to the post of President of the Municipal Council, Morinda, notice was issued for holding the first meeting for the purpose of administering the oath to the newly elected Municipal Councillors, which was done on 04.05.2021.

5. The petitioner along with other Municipal Councillors took oath and constituted the municipality. Thereafter, as an interim order was passed restraining the conducting of the election for the post of President, an opinion was sought whether, the post of Vice President can be filled up or not and after getting the due opinion from the required corners, election to the post of Vice President was conducted on 25.11.2022.

6. The Municipal Council, Morinda continued its operation till, the State of Punjab issued a notification on 11.05.2026 directing that the next election qua Municipal Council, Morinda, will be held on 26.05.2026 on the ground that the said municipality has already completed its term of 05 years as envisaged under the law on 04.05.2026.

7. Feeling aggrieved against the said notification dated 11.05.2026, the petitioner has approached this Court by placing reliance upon the provisions of law that the tenure of 05 years is to be seen from the date when meeting for the election to the post of President or Vice President is held and as in the present case, such meeting was only held in November, 2022, said period of 05 years is to be counted from the said date, which tenure is yet to be completed and therefore, the assertion of the State that the Municipal Council, Morinda has already completed its term by taking the date of first meeting as 04.05.2021 is incorrect and contrary to the provisions of the Punjab Municipal Act, 1911.

8. Learned counsel for the petitioner submits that notification dated 11.05.2026 so far as it concerns holding of an election of Municipal Council, may kindly be set aside on this ground that municipality is to continue till November, 2027.

9. Notice of motion was issued. The respondents have filed the reply wherein, it has been mentioned that as per the law, after election of newly elected councillors is concluded, a first meeting is to be held and in said meeting, oath is to be administered to newly elected councillors and election is to be held for the post of President and Vice President but as in the present case, there was a restraini