- (1.) In the ultimate analysis the point which would fall for determination in this writ petition is as to whether the President of a Municipal Committee even if validly ordered to be removed from his office, would also lose his status as a member of the Municipal Committee. However, before adjudicating upon this point, it would be appropriate to notice the facts.
(2.) Sohan Lal Ahuja petitioner was elected as a Municipal Commissioner of Municipal Committee, Abohar in its election held in June, 1979. He was one of the thirteen members who had been elected on the ticket of Bhartiya Janata Party (hereinafter referred to as the B.J.P.), the total number of elected members being twenty-one. Seven elected members belonged to Congress-I, while one of them was of C.P.M. Three more members belonging to the B.J.P. were co-opted. It is admitted in the return filed on behalf of the State that the total number of members was twenty-four including three co-opted members. The allegiance of the petitioner and others to various political parties is, however, denied for want of knowledge. It is further stated in the petition that the petitioner was unanimously elected as President of the Municipal Committee on August 7, 1979, though this fact is also denied for want of knowledge by the Punjab State. The petitioner goes on to allege mala fides against Shri Sajjan Kumar Jakhar respondent No. 3, a Member of the Legislative Assembly on the ground of political rivalry. This ground of mala fides has, however, not been pressed during the course of the arguments and hence there is no purpose in making any detailed reference thereto.
(3.) The material allegation in the petition is that on November 11, 1980, a show-cause notice was issued to the entire Municipal Committee under Section 238 of the Punjab Municipal Act, to which the Municipal Committee submitted its reply on December 4, 1980. The show-cause notice was, however, dropped later on. Another show-cause notice was issued to the Municipal Committee on March 6, 1981 and the Committee also submitted a reply to the same. Ultimately on May 14, 1981, the Punjab Government suspended the Municipal Committee for a period of one year. The suspension was challenged in Civil Writ Petition No. 1973 of 1981 which was dismissed by a Division Bench of this Court on June 3, 1981. The Special Leave Petition filed by the petitioner was, however, granted and the matter is said to be pending in the Hon'ble Supreme Court of India.;