Harbans Singh, J. - (1.) THIS writ petition, which has come before us on being referred by my learned brother Dua, J., arises in the following circumstances. Sometime before 1958, the Petitioner Satya Dev, who is a resident of Meham in district Rohtak, constructed some steps and a sloping culvert called Gau Ghat, in front of the main gate of his house. The Municipal Committee, Meham, served a notice in the year 1958 calling upon him to demolish the Gau Ghat as well as the steps, etc., on both sides, i.e., the eastern and western, of the municipal drain. The Petitioner filed a suit seeking a permanent injunction restraining the municipal committee from demolishing the above -mentioned structure, which suit was dismissed by the trial Court on 19th of March, 1959. Against this decree, an appeal was filed and before the lower appellate Court, the Petitioner gave up his claim to maintain the structure on the eastern side of the municipal drain and with regard to the structure on the western side of the municipal drain the appeal was accepted and the injunction prayed for issued on 24th of August, 1959. An appeal against this order was filed by the municipal committee which is still pending in the High Court.
(2.) ON 21st of January, 1961, the Petitioner was elected as a member of the Municipal Committee, Meham, and he took oath of his office on 24th of February, 1962. A notice was served by the municipal committee on the Petitioner to remove the encroachment on the eastern side about which the Petitioner had himself given up the claim. Meanwhile it appears that inasmuch as the structures on the eastern side over the municipal drain were necessary for the reasonable user of the Petitioner's property, on the matter being referred to the District Development and Panchayat Officer, who was incharge of the Municipal Committee, Meham, it is stated, he made a recommendation that those structures be either sold to the Petitioner or be leased out to him on teh bazari. Before this matter could be decided, on 10th of September, 1962, the Punjab Government served a notice on the Petitioner purporting to be one under the proviso to Section 16(1) of the Punjab Municipal Act calling upon him to show cause why he should not be removed from the membership of the Municipal Committee, Meham. The cause was shown by the Petitioner and, inter alia, he stated as follows: So far as the eastern side of the municipal drain is concerned, I had given up my claim on it and it has not been demolished to keep the status quo as the appeal is pending in the High Court. However, I undertake to demolish it, if the Government is pleased to direct in that way. This was only to maintain the present position of the site for the proper appreciation of the facts by the Hon'ble High Court. On 15th of April, 1963, however, the Government, under Clause (c) of Sub -section (1) of Section 16 of the Punjab Municipal Act (hereinafter referred to as the Act, removed the Petitioner from the membership of the municipal committee (vide annexure 'A') and further disqualified him for a period of two years under Sub -section (2) of Section 16 of the Act. The present writ has been filed by the Petitioner challenging the above -mentioned order.
(3.) THE main ground urged on behalf of the Petitioner was that the act of the Petitioner in not demolishing the structure on the eastern side of the municipal drain in the circumstances of the case could, in no way, be treated to be "flagrant misuse of his position as a member of the Municipal Committee, Meham" and thus, the order of the Government removing him is beyond their jurisdiction.;