Harbans Singh, J. - (1.) FACTS giving rise to this writ petition, filed by Hukam Singh, may briefly be stated as follows:
(2.) THE Petitioner was a member of the Market Committee, Rewari, district Gurgaon. in the year 1958, when he was removed by an order of the State Government, dated 16th of June, 1958 (Annexure 'A'), being satisfied that he has been guilty of misconduct as a member of the aforesaid Market Committee. Thereafter fresh elections to the Market Committee. Rewari. were held on 10th of August, 1963. The Petitioner stood for that election and was elected as a member and later was elected as the Chairman of the Market Committee. As no election petition is provided under the Act and consequently one Ram Narain Singh, filed civil writ No. 1563 of 1963, against the Petitioner Hukam Singh, challenging his election to the Market Committee on the ground that as a result of his removal by the State Government in 1958, he was not qualified to be elected as the member. This writ petition came up before me and was allowed on 5th January, 1965, and the aforesaid order was confirmed in appeal by the Letters Patent Bench on 20th of April, 1965. Copy of the Bench decision is Annexure 'B' and inter alia, it was argued that the disqualification on the ground of removal of the Appellant in the year 1958, for misconduct was so harsh that it should be held unconstitutional. This ground was repelled and as stated above, the order setting aside his election was confirmed by the Bench on 20th of April, 1965. In the year 1964, that is, after his election to the Market Committee, Rewari, but before the date on which Civil Writ No. 1563 of 1963 abovementioned was accepted and his election quashed, the elections to the Panchayat Samiti, Bawal, were held. This election was held on block -wise basis and Sub -section (2) of Section 5 of the Punjab Panchayat Samitis and Zila Parishads Acts, 1961 (hereinafter referred to as the Act) provides as follows: (2) Where a Panchayat Samiti is to be constituted for a block, it shall consist of the following Members: (a) primary Members to be elected in the manner prescribed by the persons as provided hereunder: (i) sixteen Members from the block, by the Panches and Sarpanches of Gram Panchayats in the block from amongst themselves; (ii) two Members representing the Co -operative Societies within the jurisdiction of the Panchayat Samiti, by the members of such Societies elected...from amongst the members of these societies; (iii) one Member representing the Market Committees in the block, by the members of such Committees from amongst the producer members residing within the jurisdiction of the Panchayat Samiti. The Petitioner, Hukam Singh was elected to the Panchayat Samiti, Bawal, under Clause (iii) above representing the Market Committees in the block being a producer member residing within the jurisdiction of the Panchayat Samiti. He continued working as the member of the Panchayat Samiti, of which he was also elected Chairman till 12th of August, 1965, that is. after the decision of the Bench of this Court in the Letters Patent Appeal referred to above, when the Deputy Commissioner, Gurgaon, informed him as follows: Shri Hukam Singh have been (having been) disqualified was ineligible to stand for election to the Market Committee, Rewari and as such was not eligible for election as primary member to the Panchayat Samiti Bawal as also its Chairman are void. Under Section 15(1) of the Punjab Panchayat Samitis and Zila Parishads Act, 1961, he shall forthwith cease to be member of the Panchayat Samiti representing Market Committee and as Chairman and his office shall become vacant. Against this order Hukam Singh filed civil writ No. 2267 of 1965, inter alia, alleging that "the Petitioner was given no notice before passing the impugned order. Section 103 of the Act entitles the Government to hold an enquiry before removing a member. No such enquiry was instituted in the instant case." This civil writ was allowed on the ground that the Deputy Commissioner had not given any notice of hearing to the Petitioner and order of removal as member of the Panchayat Samiti was consequently set aside.
(3.) THEREAFTER , hearing was given to the Petitioner and a detailed order was passed by the Deputy Commissioner on 1st of July, 1966 (Annexure 'D'). by which it was held that the Petitioner "has become ineligible for election as a primary member of Panchayat Samiti, Bawal, under Section 6(k) of the Punjab Panchayat Samitis and Zila Parishad Act, 1961." The Deputy Commissioner consequently directed under Section 15(1)(a) of the said Act that the Petitioner shall cease to be a Chairman and member of Panchayat Samiti, Bawal. The present writ petition is directed against this order.;