Public interest petition seeking direction to notify election result for Jalandhar Municipal Corporation dismissed as no law mandates automatic dissolution of previous council after result declaration.
None granted.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.12259 of 2012 Date of decision: 03.07.2012
Samir Seth
…..Petitioner
versus
State of Punjab and others
……Respondents
CORAM: Hon’ble Mr.Justice Jasbir Singh, Acting Chief Justice Hon’ble Mr.Justice Rakesh Kumar Jain
Present: Mr.H.C.Arora, Advocate for the petitioner
Jasbir Singh, Acting Chief Justice (Oral)
This petition has been filed in public interest by making a prayer that directions be issued to respondent No.4 to notify the result of election of Municipal Corporation, Jalandhar, which was held on 10.6.2012, as per provisions of Section 71 of the Punjab State Election Commission Act, 1994.
The grievance of the petitioner is that after declaration of the result, the members elected in the year 2007 cannot perform their duties as Mayor etc.
The above grievance of the petitioner cannot be entertained because it is apparent from the records that before expiry of the term of the members of the Corporation elected in the year 2007, the election, result of which is sought to be notified, has been conducted. The counsel for the petitioner has failed to show any provision of law providing that after declaration of the result, the previous house shall stand automatically dissolved.
No case is made out for interference.
Dismissed.
(Jasbir Singh) Acting Chief Justice
03.07.2012 (Rakesh Kumar Jain) gk Judge
1 provisions across 1 enactments
Samir Seth
State of Punjab
Jasbir Singh
Rakesh Kumar Jain
As recorded by the court registry
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