- (1.) This order shall dispose of CWP No.4151 of 2015 (Kuljeet Singh Bedi v. State of Punjab and others) and CWP No.5364 of 2015 (Kuldeep Kaur v. State of Punjab and others) as common questions of law are raised herein.
(2.) The challenge in both the above writ petitions is to the notification dated 19.04.2001 whereby Punjab Municipal Corporations Mayor, Senior Deputy Mayor and Deputy Mayor Election Rules, 1991 (for short 'the Rules') were amended and Rule 3 was substituted contemplating election to the posts of Mayor, Senior Deputy Mayor and Deputy Mayor by 'show of hands' substituting the earlier secret method. The Rule prior to amendment reads as under:- "3. Manner of Election. - (1) A meeting of the [members and ex officio members] of a Municipal Corporation shall be convened by the Divisional Commissioner to elect a Mayor, Senior Deputy Mayor and Deputy Mayor and the election shall be held by way of ballot for which purpose special ballot papers bearing the official mark allotted by the Divisional Commissioner shall be used: Provided that, if any [members and ex officio member] being illiterate or otherwise being incapable of casting his vote by writing 'Yes' and 'No' on the ballot paper, the person presided over the meeting shall record 'Yes' or 'No', as the case may be, on the ballot paper on behalf of such [member and ex officio member], in accordance with his wishes."
(3.) The said Rule was interpreted by Hon'ble Supreme Court in a judgment Gurdeep Singh and others v. State of Punjab and others, 2000 9 SCC 9, wherein it was held that the convener ought to have proceeded for voting through ballot papers observing utmost secrecy. There could not have been an open voting which, though demanded, should have been firmly ruled out. After the said judgment, the Rule was amended on 19.04.2001. The amended Rule reads as under:- "3. Manner of Election. - (1) A meeting of the members of a Municipal Corporation shall be convened by the Divisional Commissioner to elect a Mayor, Senior Deputy Mayor and Deputy Mayor and the election shall be held by show of hands. (2) The person presiding over the meeting convened under sub-rule (1) shall keep a brief record in writing.";