CWP No.7588 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.7588 of 2010 (O&M) Date of Decision: 08.03.2011 **** Gurminder Singh @ Lalli . . . . Petitioner VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Amit Rawal, Advocate for the petitioner Ms. Sudeepti Sharma, DAG Punjab Mr. Namit Kumar, Advocate for respondent No.3 & 4 Mr. Prem Kumar, Advocate for respondents No.6 to 8 **** SURYA KANT J. (ORAL) (1). The petitioner is an elected Municipal Councillor of Municipal Council, Khanna. He is aggrieved by the nomination of respondents No.7&8 as Trustees of the newly-constituted Improvement Trust, Khanna. Respondents No.7&8 are also elected the Municipal Councillors and they have been nominated as Trustees by the State Government in purported exercise of its powers under Section 4(1)(b)(4) of the Punjab Town Improvement Act, 1922. The grievance of the petitioner is that in view CWP No.7588 of 2010.doc - 2 – of the Section 4(1)(b)(3), the elected members of the Municipality or the Corporation, as the case may be, have a right to elect from amongst them as Trustees of the newly constituted Improvement Trust but no such opportunity has been given to the Municipal Councillors of the Municipal Council, Khanna. (2). The respondents, on the other hand, have filed their reply/affidavit relying upon the communication dated 05.11.2009 (Annexure R1) which was addressed to the Executive Officers of the various Municipal Councils including Khanna, seeking recommendations of four elected Councillors of their respective Municipal Councils for their nomination as Trustees of the newly-constituted Improvement Trusts. (3). The petitioner emphatically denies the receipt of any such communication in the office of Municipal Council, Khanna. The Municipal Council, Khanna has also come forward with a similar stand. (4). Having heard learned counsel for the parties and keeping in view the above-mentioned stand taken by the petitioner as well as the Municipal Council, I am of the considered opinion that crucial issue to be determined is as to whether or not the Government letter Circular/memo dated 05.11.2009 (Annexure R1) was CWP No.7588 of 2010.doc - 3 – received in the office of Municipal Council, Khanna? Suffice it to say that if the government communiqué was received and the elected Municipal Councillors failed to select from amongst the four Councilors for their nomination as Trustees, the State Government would be well within its right to invoke the powers under Section 4 (1)(b)(4) of the Act. However, if no such communication was received, there can be no escape but to hold that no opportunity was given to the petitioner as provided under the Act. (5). The writ petition is accordingly disposed of with a direction to the Principal Secretary, Local Government, Punjab to hold a fact- finding enquiry within two months from the date of receipt of a certified copy of this order so as to find out as to whether the Government Circular dated 05.11.2009 was ever received in the office of the Municipal Council, Khanna. If it is established that no such communication was received, the State Government is directed to give an opportunity to the Councillors of Municipal Council, Khanna to exercise their right under Section 4 of the Act within a period of one month thereafter. (6). Ordered accordingly. Dasti. 08.03.2011 vishal shonkar (S u r y a K a n t) Judge CWP No.7588 of 2010.doc - 4 –