BAL MUKAND SHAKAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of the two Civil Writ Petition Nos. 2267 of 1976 (Bal Mukand Shakar v. The State of Punjab and another) and 1457 of 1976 (Joginder Singh v. The State of Punjab) as identical questions of law and fact are involved in both the writ petitions.

(2.) Bal Mukand Shakar, petitioner in Civil Writ Petition No. 2267 of 1976, was elected as a Member of the Municipal Committee, Mukerian (hereinafter called the Committee) in 1964 and again in 1972. He was elected as its President in 1972. He was arrested on December 15, 1975, under Section 107 read with Section 151, Code of Criminal Procedure, during emergency and was released seven days after on furnishing personal bonds under the orders of the Sessions Judge, Hoshiarpur. He was again arrested on December 23, 1975 under Rule 33(3) of the Defence of India Rules. He was, however, released on bail by this Court by order of Gurnam Singh, J. dated January 29, 1976. He was detained on April 25, 1976, under Maintenance of Internal Security Act and was under detention at the time of the filing of the writ petition. On February 5, 1976, he was served with a show-cause notice dated January 14, 1976 (Annexure P-1) issued by the Under Secretary, Local Government, Punjab on behalf of the Secretary to Government Punjab. The relevant part thereof is reproduced below :-

(3.) Civil Writ Petition No. 1457 of 1976, has been filed by Joginder Singh Member of the said Committee. A show-cause notice, dated January 14, 1976, (Annexure P-1) was served on him in which identical allegations as contained in the show-cause notice served on Bal Mukand Shakar, petitioner were contained. The allegations against the petitioners in both the writ petitions, in fact, have a reference to the same event, that is on November 1, 1975, when a special meeting of the Committee was being held, Joginder Singh, petitioner, was present in the meeting as a Member of the Committee and snatched away the proceedings book and ran away and gave it to Shri Bal Mukand Shakar, petitioner, President of the Committee, who was not present in the meeting and the later affixed his signature on the same. Reply having been furnished by Joginder Singh, petitioner, he was removed from the Membership of the committee and disqualified for a period of five years by a notification of the Punjab Government dated March 3, 1976 (Annexure P-3). In this writ petition also, the notification (Annexure P-3) removing and disqualifying the petitioner, has been challenged.