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2013 Supreme(P&H) 674

RAKESH KUMAR JAIN
Buta Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Petitioner:Mr. Kulbhushan Raheja, Advocate.
For the Respondent: Mr. Suresh Singla, Addl. A.G., Punjab.
For the Respondent Nos.6 to 8:Mr. Sanjeev Sharma, Advocate.
For the Respondent Nos.9 to 33:Mr. Satya Pal Jain, Senior Advocate, with Mr. V.K. Chaudhary, Advocate.

JUDGMENT

Mr. Rakesh Kumar Jain, J.:- This petition has been filed by the residents of Ferozepur City challenging the letter dated 20.07.2012 issued by respondent no.1 holding that the term of Municipal Council, Ferozepur, shall be for 5 years w.e.f. 04.05.2010, which is alleged to be in violation of Section 13(1) of the Punjab Municipal Act, 1911 (hereinafter referred to as the “Act”) and Article 243U of the Constitution of India.

2. In brief, the facts of the case are that the elections of Municipal Council, Ferozepur, comprising of 25 members, was held on 30.06.2008. The list was notified by the Government of Punjab on 09.07.2008. The Deputy Commissioner, Ferozepur, vide his letter dated 11.07.2008, fixed a meeting on 22.07.2008 at 10.00 a.m. at the Town Hall, i.e. in the office of Municipal Council, for administering oath to the newly elected members and for the election of the President, Senior Vice President and the Junior Vice President. There was allegedly a commotion in the said meeting and before the oath ceremony of 18 elected members could take place, according to the official respondents, all of a sudden, some unidentified persons entered the meeting place and forcibly



































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