IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 20558 of 2008 DATE OF DECISION : 05.12.2008 Gulab Singh .... PETITIONER Versus State of Haryana and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Sanjay S. Chauhan, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. ( Oral ) The petitioner, who is one of the elected Municipal Councilors of Municipal Council, Kalayat, which consists of 13 Councilors, has filed this petition under Article 226/227 of the Constitution of India for quashing the notice dated 2.12.2008 (Annexure P-3), with a direction to the Sub Divisional Magistrate, Kaithal (respondent No.3 herein) not to hold the election to the office of President of Municipal Council, Kalayat. Counsel for the petitioner, while referring to Rule 4 of the Haryana Municipal Business Bye-law, 1981, states that for the purpose of election, 7 days clear notice is required to be issued, which has not been issued in the present case. Therefore, the Sub Divisional Magistrate, Kaithal be directed not to hold the election to the office of President of the CWP No. 20558 of 2008 -2- Municipal Council, Kalayat. We do not find any merit in the aforesaid contention of learned counsel for the petitioner. Rule 70 of the Haryana Municipal Election Rules, 1978 provides that a meeting of the newly constituted committee for election of the President can be convened after giving only 48 hours notice. In the instant case, 48 hours notice has been given. In our opinion, the Bye- law, relied upon by the petitioner, is not applicable in the present case and the notice period is to be governed by the aforesaid Rule 70. Hence, we do not find any merit in the instant writ petition. As far as the other contention of counsel for the petitioner that since the matter against some of the members of the Municipal Council under Section 14-C of the Haryana Municipal Act, 1973 for their removal is pending, therefore, meeting should not be held, is concerned, we are of the opinion that until and unless a member of the Municipal Council is removed, he cannot be restrained from participating the election or from contesting the election to the office of President. Dismissed. ( SATISH KUMAR MITTAL ) JUDGE December 05, 2008 ( JASWANT SINGH ) ndj JUDGE