SUBHASH SINGLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition has been filed under Articles 226/227 of the Constitution of India with a prayer to issue a writ of certiorari to quash the resolution dated 8.4.2006 (Annexure P.4) vide which no confidence motion was passed against the petitioner. It is the primary contention of the petitioner that as he was abducted before the conduct of the said meeting, he could not participate in the same and because of that reason, the resolution requires to be annulled. It is further averred by the learned counsel for the petitioner that he was alone competent to preside over the meeting and on account of his absence, it was necessary to postpone the meeting.

(2.) So far as the first contention is concerned it involves disputed questions of facts. No finding can be given by this Court in that regard. The second contention is also liable to be rejected. As per the provisions of Section 28 of the Punjab Municipal Act, 1911, if the President is not available then in his absence, the Vice President or in his absence any member can be asked to preside over the meeting.

(3.) The resolution Annexure P.4 clearly indicates that not even a single person opposed the no confidence motion against the petitioner. No case is made out for interference. Dismissed.