Judgment · High Court

HON’BLE MR. JUSTICE SUDH CORAM: HO HON’BLE MR. JUSTICE KARA HO SUDHIR SINGH KARAMJIT SINGH Present:- Mr Mr. Parvinder Singh, Advocate for for the petitioners. Mr. Anurag Chopra, Additional AG Mr nal AG Punjab. ***** SUDHIR SING SINGH, J. (ORAL) Present petition has been filed Pre led under Article 226 of the Constitution of ion of India, inter alia, seeking issuan issuance of a writ in the nature of Mandamus for d for directing the respondents to hold to hold/ conduct the election to the post of Vice-Pre President of the Municipal Council ouncil, Barnala.

Learned counsel for the petitioner Lea titioners submits that in February 2021, the peti petitioners along with others w ers were elected as Municipal Councilors, in rs, in the Municipal Elections held held for the Municipal Council, Barnala. Therea Thereafter, in the proceedings dated 1 ated 15.04.2021 (Annexure P-1), Sh. Gurjit Sing t Singh and Sh. Narinder Kumar we ar were, unanimously, elected as the President ident and the Vice-President, respe respectively. Learned counsel submits that the the President, Municipal Council, uncil, Barnala was removed from his post, vide vide order dated 10.10.2023 (Anne (Annexure P-3), who thereafter, MAHAVIR SINGH 2024.08.12 14:13 I attest to the accuracy and authenticity of this order/ judgment 1 of 3 CWP-19128-2024 (O&M) challenged the same before this Hon’ble Court by way of CWP-23684-

2023. During pendency of the said writ petition, election to the post of President was held. Vide order dated 17.10.2023, this Hon’ble Court ordered that till the next date of hearing, result of election may not be notified. The said writ petition is still pending before this Court.

2.1. Learned counsel further submits that term of the Vice- President expired on 14.04.2022 and thus, the said post is lying vacant since then. He submits that in the absence of the President, the Vice- President is authorized to call for the meetings of the Municipal Committee/ Council; and since as on date, posts of the President and the Vice-President of the Municipal Council, Barnala are lying vacant, therefore, the entire development works as well as issues related to the general public are completely stalled. The petitioners have also made a detailed representation to respondent No.1 to conduct election to the post of Vice-President of Municipal Council, Barnala, as per Sections 20 and 21 of the Punjab Municipal Act, 1911.

On the other hand, on advance service of copy of petition, learned State counsel appears and opposes issuance of notice of motion. He submits respondent No.5-Municipal Council, Barnala competent/concerned authority and it shall take necessary steps to get election process to the post of Vice-President expedited and its programme notified, within a period of 04 weeks.

Considering the submissions made by learned State counsel, no further order is required to be passed.

Let a copy of this order be communicated to respondent No.5 by the petitioners, so that the process of election, as above, may be expedited.

Pending application(s), if any, shall also stand disposed of. (SUDHIR SINGH) JUDGE (KARAMJIT SINGH) JUDGE August 08, 2024 mahavir Whether speaking/reasoned: Whether reportable: Yes/No Yes/No MAHAVIR SINGH 2024.08.12 14:13 I attest to the accuracy and authenticity of this order/ judgment 3 of 3