Petitioners challenged a draft Municipal Council notification without merits consideration. The court directed the State to decide pending objections within one week and serve notice to petitioners.
Direction to state government to decide pending objections within one week from receipt of certified copy of this order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Writ Petition No.24791 of 2014 Date of Decision: December 04, 2014
Kartar Singh and others versus
State of Punjab and others
.....Petitioners
.....Respondents
CORAM: HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MR.JUSTICE RAJ MOHAN SINGH.
Present: Mr.Vivek K.Thakur, Advocate, for the petitioners. Mr.Rajinder Goyal, Additional AG, Punjab.
-.-
Surya Kant, J. (Oral)
Notice of motion to respondent Nos.1 to 5 & 7
only at this stage.
On our asking, Mr.Rajinder Goyal, learned Additional Advocate General, Punjab, accepts notice on their behalf.
Let six copies of the writ petition be supplied to the learned State counsel during the course of day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for nonprosecution.
In view of the nature of order which we propose to pass, there is no need to seek any counter-reply from respondent Nos.1 to 5 & 7 or to serve respondent No.6 at this stage as no order prejudicial to his interest is being passed.
The petitioners are residents of village Baba Deep Singh Nagar and Santpura, District Kapurthala. They seek a
MOHINDER KUMAR 2014.12.09 12:56 I attest to the accuracy and authenticity of this document Chandigarh
[2]
CWP No.24791 of 2014
mandamus to direct the State Government and its authorities to consider their objections said to have been submitted against the draft notification dated 29.10.2014. The abovestated notification has been issued by Government of Punjab in purported exercise of its power under Section 8 of the Punjab Municipal Act, 1911 read with Rule 4 of the Determination of the Number of Elected Members and Reservation of Offices of Presidents of Municipalities Rules, 1994, whereby particulars of reserved and general wards of Municipal Council, Kapurthala have been notified.
The grievance of the petitioners is that without considering their objections dated 05.11.2014 (Annexure P-6) the elections for the Municipal Council, Kapurthala are likely to be held.
Having heard learned counsel for the parties and considering the nature of relief sought in this petition, however, without expressing any views on the merits of the issues raised by the petitioners, we dispose of this writ petition with a direction that if the objections filed by the petitioners have not been decided so far, let the needful be done within a period of one week from the date of receiving a certified copy of this order and communication to this effect be sent to the petitioners.
Ordered accordingly.
Dasti.
MOHINDER KUMAR 2014.12.09 12:56 I attest to the accuracy and authenticity of this document Chandigarh
2 issues framed by the court
Whether the State Government shall consider the petitioners' objections before holding municipal elections.
Whether the draft notification regarding reserved and general wards of Municipal Council, Kapurthala is liable to be quashed.
2 provisions across 2 enactments
Kartar Singh and others
State of Punjab and others
Surya Kant
Raj Mohan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
