Jaswinder Singh vs State Of Punjab And Others on 30 October, 2008

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH.

                                                 C.W.P. No. 18577 of 2008
                                        DATE OF DECISION : 30.10.2008

Jaswinder Singh
                                                           .... PETITIONER

                                  Versus

State of Punjab and others

                                                       ..... RESPONDENTS

CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
            HON'BLE MR. JUSTICE JASWANT SINGH


Present:    Mr. C.B. Goel, Advocate,
            for the petitioner.

                  ***

SATISH KUMAR MITTAL , J. ( Oral )

The petitioner, who is one of the elected Councilors of

Municipal Council, Urmar Tanda, District Hoshiarpur, has filed this petition

under Articles 226/227 of the Constitution of India for quashing the

proceedings of the meeting dated 25.7.2008, in which respondents No.6 and

7 have been declared elected as President and Vice President of the

Municipal Council.

Undisputedly, after the elections, first meeting of the Municipal

Councilors was called on 22.7.2008, under the orders of the Deputy

Commissioner, Hoshiarpur, for the purpose of administering oath and

holding elections of President and Vice President of the Municipal Council.

Municipal Council, Urmur Tanda, consists of 13 Councilors. The said
CWP No. 18577 of 2008 -2-

meeting was attended by 6 Councilors and after administering oath to them,

the meeting was adjourned due to lack of quorum. The second meeting was

convened on 25.7.2008 under the orders of the Deputy Commissioner,

Hoshiarpur, which was attended by 12 Councilors.

The case of the petitioner is that no notice was served upon him

for the said meeting. This is disputed question of fact, which cannot be gone

into in writ jurisdiction. However, the petitioner has an alternative remedy

to question the election of respondents No.6 and 7 by filing election

petition. Since this petition has been filed much after the expiry of limitation

for filing the election petition, therefore, we are not inclined to entertain this

petition. Even otherwise, we do not find any illegality in adjourning the first

meeting for want of quorum and the proceeding of meeting held on

25.7.2008, which was attended by 12 Municipal Councilors, in which

respondents No.6 and 7 were duly elected as President and Vice President.

Dismissed.

                                          ( SATISH KUMAR MITTAL )
                                                  JUDGE


October 30, 2008                             ( JASWANT SINGH )
ndj                                                JUDGE