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2008 Supreme(P&H) 1974

SATISH KUMAR MITTAL, JASWANT SINGH
Harbans Lal – Appellant
Versus
State Of Punjab – Respondent


Judgment

SATISH KUMAR MITTAL, J.

1. (1)Whether under Sec.24 (2) of the punjab Municipal Act, 1911 (hereinafter referred to as the Act), the Government can decline to notify in the Official Gazette the election of President of a Municipal Council, who has been declared elected as such in the first meeting of the Municipal council,convened under Rule 3 of the punjab Municipal (President and Vice-President)Election Rules, 1994 (hereinafter referred to as the 1994 Rules)read with Sec.20 of the Act, on the ground that quorum of the said meeting was not complete and the President elect, being a Scheduled caste Councilor, was not eligible to be elected to the office of the President,which is reserved for the General category (2) Whether there is any quorum prescribed for the first meeting of the members of the Municipal Council convened under rule 3 of the 1994 Rules read with Section 20 of the Act, for the purpose of administering oath and election of the President and vice-President of the Municipal Council ? these are the two questions, which are to be answered in this petition.

2. The brief facts of the case are that the municipal Council, Sangruras per the composition of Municipalitie























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