AND HARYANA AT ARH CHANDIGARH CWP-19825-2024 (O&M) ate of decision: August 20 & Ors. v. State of Punjab unjab & Ors.
Case at a glance
Outcome
Disposed of
petition is disposed of with liberty to the petitioners to move a
Provisions considered
- Constitution of India arts. 226, 227
Key paragraphs
- Para 66. Pending application(s), if any, shall also stand disposed of. (SUDHIR SINGH) JUDGE (KARAMJIT SINGH) JUDGE August 20, 2024 mahavir Whether speaking/reasoned: Whether reportable: Yes/No Yes/No MAHAVIR SINGH 2024.09.02 16:38 I attest to the accuracy and authenticity of this document 3 of 3
Judgment
HON’BLE MR. JUSTICE SUDH CORAM: HO HON’BLE MR. JUSTICE KARA HO SUDHIR SINGH KARAMJIT SINGH Present:- Mr Mr. Gaurav Vir Singh Behl, Advoc Advocate for the petitioners. Mr. Anurag Chopra, Additional AG Mr nal AG Punjab. SUDHIR SING SINGH, J. (ORAL) ***** Present petition has been filed un Pre under Articles 226/227 of the Constitution of ion of India, inter alia, seeking issuan issuance of a writ in the nature of Mandamus for for directing respondents No.1 to o.1 to 3 to hold elections of the office of Presid President of the Municipal Council/ re ncil/ respondent No.5, as the same is lying vacant s acant since 16.02.2023.
Learned counsel for the petitioner Lea titioners submits that in February 2021, the peti petitioners were elected as Mun s Municipal Councilors of the Municipal Com Committee, Mandi Ahmedgarh, garh, District Malerkotla. After constitution of on of Municipal Council, election fo ion for the post of President was also held immed immediately, and Sh. Vikas Tandon w ndon was elected as the President. Thereafter, he w he was removed from the office o fice of the President. Further, on
04.05.2023 (An (Annexure P-2), Smt. Anu Rani and and Sh. Kamaljeet Singh were MAHAVIR SINGH 2024.09.02 16:38 I attest to the accuracy and authenticity of this document 1 of 3 CWP-19825-2024 (O&M) elected as Senior Vice President and Vice President, respectively. He submits that term of Senior Vice President/ Vice President also expired on
04.05.2024. Learned counsel submits that vide letter dated 27.10.2023 (Annexure P-5), respondent No.3 wrote a letter to respondent No.5 to take necessary steps in consonance with the Sub-Divisional Magistrate so that election of the office of the President could be held. Respondent No.4 fixed meeting of the members of the Municipal Councils to elect their President, for 13.02.2024, but due to unknown reasons, the same was cancelled, vide letter dated 09.02.2024 (Annexure P-6). He submits that vide letter dated
11.07.2024 (Annexure P-7), election for the post of President and Vice President was fixed for 18.07.2024, but again the same has been postponed till further order, vide letter dated 16.07.2024 (Annexure P-8).
2.1. Learned counsel for the petitioners submits that for redressal of their grievance, the petitioners will once again move a representation before the authority concerned, and requests that the competent authority may be directed to consider and decide the same, expeditiously.
On the other hand, on advance service of copy of petition, learned State counsel appears and opposes issuance of notice of motion. He submits that vide letter dated 16.07.2024 (Annexure P-8), it has been informed that since the Sub Divisional Magistrate, Ahmedgarh was on medical leave till 22.07.2024, the selection process was postponed, and the Convener-cum-Sub Divisional Magistrate, Ahmedgarh will inform regarding fixing the time, place and date of election of the President and the Vice President. He also submits that however, in case, the petitioners move another representation before the authority concerned, the same shall MAHAVIR SINGH 2024.09.02 16:38 I attest to the accuracy and authenticity of this document 2 of 3 CWP-19825-2024 (O&M) be looked into, and necessary action will be taken on the same, in accordance with law.
Considering the submissions made by learned State counsel, no further order is required to be passed.
Operative part
In the premise, without commenting on merits of the case, the petition is disposed of with liberty to the petitioners to move a representation before the concerned authority for redressal of their grievance; and the concerned authority is directed to take necessary action on the representation of the petitioners and pass an appropriate reasoned order, in accordance with law, preferably within a period of 04 weeks from the date of receipt of copy/ production of this order.
Pending application(s), if any, shall also stand disposed of. (SUDHIR SINGH) JUDGE (KARAMJIT SINGH) JUDGE August 20, 2024 mahavir Whether speaking/reasoned: Whether reportable: Yes/No Yes/No MAHAVIR SINGH 2024.09.02 16:38 I attest to the accuracy and authenticity of this document 3 of 3
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petition is disposed of with liberty to the petitioners to move a
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.