Written statement in the said writ petition was filed in the High Court on 13th August, 1998.
The show cause numberice was accompanied by the details of the allegations wherein it was stated Regional Deputy Director, Local Government, Ludhiana has intimated vide his letter No.
Congress Members proposed the name of respondent No.1 and the Returning Officer declared him elected as President of the Municipal Council Annexure P 6 .
The respondent NO.1 was a candidate to the elections of the Muncipal Council, Samrala Punjab held on 2.1.1998.
Aggrieved by the inaction of the appellants, particularly the said Scretary, the respondent No.1 on 15.5.1998 filed a writ petition being Writ Petition No.7105 of 1998 praying therein for the issuance of a writ of mandamus directing the appellants to issue numberification regarding his election as President of the Municipal Council, Samrala in the meeting held on 6.4.1998.
The respondent No.1 submitted his reply on 23rd July, 1998 and the said Secretary vide his numberification No.6/16/980 3LGIII/4498 dated 9.4.1998 removed the respondent No.1 number only from the Presidentship but also from the Membership of the Nagar Council, Samrala.
Feeling aggrieved, the respondent No.1 filed a writ petition in the High Court which was allowed vide the order impugned by quashing the impugned numberification and issuance of directions to the respondents therein to numberify the name of the respondent No.1 herein within a week.
Therefore, it is proposed to take action under Section 16 1 e of the Punjab Municipal Act, 1911 and to remove him from the membership.
In the meanwhile a show cause numberice dated 1.7.1998 was issued to the respondent NO.1 proposing to take action against him under Section 16 1 e of the Act and removing him from the Membership of Nagar Panchayat Council, Samrala Ludhiana .
By doing so you have misused the powers vested under Section 16 1 e of the Punjab Municipal Act, 1911.
Despite election of the President and the Vice President, the numberification in terms of Section 24 of the Punjab Municipal Act, 1911 hereinafter referred to as the Act was number issued by the State Government.
A meeting was called by the Sub Divisional Magistrate on 6.4.1998 for administering the oath of allegiance to the elected members of the Municipal Council and for election of its President and Vice President.
DDLG S3/ 2258 dated 21.4.1998 before the issuance of the numberification for the President in accordance with the instructions of the Government you have interfered in the working of the Nagar Council and did number behave properly.
He was a candidate of the CPI M and was elected as a Municipal Councillor along with 12 others.
LITTTTTTJ SETHI,J. Leave granted.
Election process was scuttled and the democratic values throttled by a bureaucrat who happened to be Principal Secretary of the Local Government Department hereinafter referred to as the said Secretary of the State of Punjab at the relevant time.
