IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.11126 of 2010 Date of decision: 20th July, 2010 Dalwinderjit Singh and others … Petitioners Versus Principal Secretary, Local Bodies Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Kanwaljit Singh, Senior Advocate with Ms. Sukhwinder Kaur, Advocate for the petitioners. Ms. Ambika Luthra, Assistant Advocate General, Punjab for respondents No.1 and 2. Mr. Amit Singh, Advocate for respondents No.3 and 4. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Separate written statements, on behalf of respondents No.3 and 4, have been filed in Court today. The same are taken on record. By way of present writ petition, eleven Municipal Councilors of Municipal Council Qadian, District Gurdaspur have approached this Court stating that no meeting of the Municipal Council is being held by the President of the Municipal Council. It is stated that even the mandatory provision of holding a meeting of the Municipal Council every month is not being adhered to with malafide reasons. Counsel for the petitioners has referred to Annexure P-1 to state that on 5th April, 2010, no-confidence-motion was submitted to the Executive Officer, Municipal Council, Qadian, yet no meeting has been Civil Writ Petition No.11126 of 2010 convened, as the President of the Municipal Council knew fully well that he was in minority and no-confidence-motion would be carried. This Court cannot become a mute-spectator, when eleven Municipal Councilors have approached this Court and urged that they hold majority and have not been allowed to hold the meeting of Municipal Council. It can be safely inferred that intervention of Court is necessary for smooth functioning of democratic institution. Therefore, the Deputy Commissioner, Gurdaspur is directed to issue a notice to all the Municipal Councilors and convene a meeting of the Municipal Council, Qadian on 5th August, 2010, in which the no- confidence-motion (Annexure P-1) shall be put to vote. With the observations made above, present writ petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE July 20, 2010 rps 2