H.R.Sodhi, J. - (1.) IN this writ petition, the validity of the order of the State Government, filed as Annexure I with the writ petition, and published in the extraordinary issue of the Haryana Government gazette of 10th January, 1969, whereby the Petitioner Ganga Jal was removed from membership of the Municipal Committee, Uklana Mandi, District Hissar, has been challenged. A similar order was also passed against Madan Lal Petitioner in Civil Writ 325 of 1869 who was also a member of this Committee and to whom reference is made in the impugned order of the State Government. The order relating to Madan Lal was also published in the same issue of the Haryana Government Gazette of 10th January, 1969. Both the writ petitions preferred by Mad in Lal and the Petitioner raise common questions of fact and law except that one of the two charges relates to this Petitioner only. The reasons given in my judgment in Civil Writ No. 325 of 1969 will, therefore, also form part of this judgment.
(2.) A few of the necessary facts may be recapitulated here. General elections to the Committee were held sometime in May, 1964, and nine persons, including the Petitioner, were elected as its members. It is alleged that Petitioner and Madan Lal along with others formed a dominant group in the Committee and Respondent 3 was also a member of the same group at that time. The Petitioner was served with a show -cause notice dated 3rd September, 1968, under Section 16(1) of the Punjab Municipal Act 1911 (thereinafter called the Act) calling upon him to explain within a period of 21 days from the despatch of the notice as to why he be not removed from membership of the Committee. It may be mentioned here that on this very date a separate notice was also issued to Madan Lal Petitioner in the connected case. A copy of the statement of allegations has been filed by the Petitioners as Annexure A/1 with the writ petition and the charges were as under: (1) Paving of street bearing Khasra Nos. 786 and 787. Shri Ganga Jal while working as President of the Municipal Committee, Uklana Mindi, spent Municipal funds on paving of street bearing khasra Nos. 786 and 787 whereas this area had not been declared as a public street. This was done, in order to please Shri Munshi Ram sitting Municipal Commissioner belonging to his group who represented this locality. The sanction of the Government for utilization of the municipal funds for this purpose was also not obtained. (2) Construction of a chabutra in front of the house of Shri Madan Lal. A pacca chabutia was provided in front of the house of Shri Madan Lal the then Vice -President out of municipal funds. This chabutra was provided in order to give a better look to the house and to provide facility for the entrance into the house. This chabutra does not serve any public purpose as the lane is a blind alley and cannot be used as thoroughfare. This is a clear case of mis -utilisation of municipal funds. Charge No. (2) is common to the Petitioner and Madan Lal and I have dealt with it in detail in the connected judgment also. An explanation was given by the Petitioner and a copy of the same is Annexure 'B' with the writ petition. As against the first charge, the Petitioner asserted that it was quite wrong to suggest that the street got paved under unanimous decision of the Committee was not a public street and that it was done only to please one Shri Munshi Ram. The attention of the Secretary to Government Haryana, Local Government Department, to whom the explanation was furnished was specifically drawn to resolution no 11 dated 27th February, 1956, whereby it had been declared that all streets then in existence were public streets. It was also stated that the object of getting the street paved by spending an amount of Rs. 2146/ - was not only to provide convenience to the residents of the Haryana colony but also to provide a pucca road from the Parbhuwala main road to the bus stand, and that action of the Committee was quite bona fide, just and legal. A sketch plan was also attached with the explanation wherein the position of the street was shown. In the matter of construction of a pacca chabutra the allegations as made against the Petitioner were stoutly denied. It was pointed out that Gol Mandi' consisted of 52 shops and one godown. The entire sewage water etc. of this mandi pissed through the drain by the sides of the metalled road outside the gate of this mandi and then used to pass through a drain in between the back wall of the shop; of Imarti Devi wife of Madan Lal, and Shri Hukam Chand on one side and the house and shops of Shri Ram Sarup on the other side. The drain was claimed to have been covered to avoid stagnation of water which became a nuisance to the public passing through the main gate of the mandi. There are other several details stated in the explanation to which it is not necessary to refer in the present case as well.
(3.) THE allegation of misuser of municipal funds for the construction of the so called chabutra was emphatically denied and it was stated that it cost the Committee only Rs. 20/ -. The Petitioner made allegations against Respondent 3 who was, at that time, President of the Committee. The State Government then issued the impugned notification dated 10th January, 1969, whereby it removed the Petitioner from membership of the Committee. Hence the present writ petition.;