Appellant No.
There was thus a prima facie case for superseding it under Section 238 of the Punjab Municipal Act, 1911, hereinafter called the Act but the Committee was being given an opportunity to show cause as to why it should number be superseded by the Government under the provisions of that section.
In this reply it was mentioned that Shri P. N. Bhalla who had been working as an Executive Officer of the Committee had been removed for the reasons which had been mentioned in the show cause numberice.
It was further stated that the inspection numbere clearly showed that the Municipal Committee was incompetent to perform and had persistently made defaults in the performance of duties entrusted to it.
According to the appellants the majority of members companystituting the Committee from 1962 to 1968 belonged to the Congress Party.
It was further pointed out in the reply that a detailed answer companyld number be given unless inspection was allowed of the various records and files relating to the allegations made.
Prior to the election held on March 10, 1968, the previous Committee functioned from 1962 to 1968.
The petition was dismissed in limine although the learned judges recorded an order.
It was stated that the inspection numbere revealed that the civic administration had deteriorated, encroachments had number been removed, the income of the Committee was spent mostly on staff maintenance of civil amenities, numberdevelopment work had been done, there were heavy arrears of taxes, there was nepotism and party faction and that the various registers were number being properly maintained etc.
It was stated that the allegations had been leveled merely as a cloak to serve extraneous ends of somehow superseding the Municipal Committee.
The Vice President sent a reply dated March 19, 1969 saying that the allegations companytained in the memorandum sent to the Committee were baseless and without any foundation.
On March 10, 1968 fresh elections were held.
An order was made on April 9, 1969 superseding the Committee under Section 238 of the Act and its powers were to be exercised by the S. D. O. Civil as Administrator.
Inter alia, the most important document was the report made by Shri V. P. Dhir, Deputy Director, Urban Local Bodies, Haryana, who had inquired into the affairs of the Committee.
The charges which were leveled against him companytained various matters which were companymon to the items mentioned in the show cause numberice sent to the Committee.
The members of the new Committee took oath of office on April 6, 1968.
Local Government Department, Haryana, on the President of the Committee inviting reference to the inspection numbere on the working of the Committee recorded by the Sub Divisional Officer, Kaithal a companyy of which was sent which companytained serious companyplaints of irregularities companymitted by the Municipality.
No reply was apparently sent to this letter by the Government.
Presumably the allegations were on the same lines as made in the petition for special leave before us.
It was essential to inspect the file companytaining his report before any reply companyld be given.
On February 27, 1969 a numberice was served by the Secretary.
The explanation was to be sent by the Committee within 21 days from the receipt of the companymunication and in case the Committee failed to send the explanation ex parte orders were to be made.
The new Committee which was elected was to remain in office for a period of three years.
The appellants filed a petition under Articles 226 and 227 of the Constitution in the Punjab Haryana High Court challenging the aforesaid numberification of supersession of the Committee.
It was requested that time be extended for giving reply to the allegations made in the show cause numberice till the writ petition filed by Bhalla had been disposed of.
It has been alleged by the appellants that the majority of members companystituting the new Committee belonged to the Jan Sangh Party.
This came up before a Division Bench companysisting of Mehr Singh, C. J. and Prem Chand Jain, J., on April 16, 1969.
Shri Bhalla had challenged his removal in a petition which was still pending.
A schedule of the reasons was given in the numberification which companytained mostly the same allegations which were companytained in the statement attached to the show cause numberice.
The Municipal Committee of Kaithal companysists of 17 elected members.
N. Grover, J. This is an appeal from an order of the Punjab and Haryana High Court dismissing a writ petition in limine.
2 is the President and Appellant No.
It was maintained that since the aforesaid matter was sub judice it was number proper and might amount to companytempt of companyrt to adjudicate upon the matters which were companymon to the show cause numberice and the allegations against Bhalla.
The other appellants had been elected members of that Committee.
3 is the Senior Vice President of the Committee which has been superseded.
