- (1.) The short issue raised in the present Public Interest Litigation under Article 226 of the Constitution, is whether the funds of an instrumentality of the local self Government like Municipal Council, Nangal- respondent No. 3 could be put at the disposal of State Government which may issue directions for distribution of the same in the shape of grants/sanctions to non-governmental organisations like clubs and other such entities.
(2.) The petitioners have prayed for issuance of a direction to respondent Nos. 1 and 2 to hold an inquiry with regard to issuance of grants and disbursement of funds of Municipal Council, Nangalrespondent No. 3 allegedly by Shri Madan Mohan Mittal-respondent No. 5, who is an Ex. MLA and Chairman of the District Planning Board, under the provisions of Section 52(2)(1) of the Punjab Municipal Act, 1911 (for brevity, 'the Municipal Act') in favour of different clubs/societies/persons of the area. A further direction has also been sought to stop the utilisation of the grants for which cheques have been issued on 9.10.2009 by respondent No. 5.
(3.) In the year 2007 elections were held in the State of Punjab and the alliance of Akali Dal (Badal) and Bharatiya Janta Party (BJP) was elected. However, Shri Madan Mohan Mittalrespondent No. 5, who contested the Assembly Election from Nangal from BJP ticket, lost the election. Earlier he was a Cabinet Minister in the BJP-Akali Dal (Badal) Government. In the new regime, Shri Manoranjan Kalia-respondent No. 4, who also belongs to BJP, becomes Minister of Local Self Government.;