Punjab-Haryana High Court
Udayvir Singh Dhillon vs State Of Punjab And Others on 4 July, 2024
Author: Deepak Sibal
Bench: Deepak Sibal
NISHA
a
Re
CWP-14907-2024 -1- 2028 PHHC-083733-DB SS
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
133 CWP-14907-2024
Date of decision: 04.07.2024
UDAYVIR SINGH DHILLON
..-Petitioner
VERSUS
STATE OF PUNJAB AND OTHERS
...Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK SIBAL
HON'BLE MR. JUSTICE DEEPAK MANCHANDA
Present: Mr. B.S. Patwalia, Advocate
for the petitioner.
Mr. Amit Goyal, Addl. AG, Punjab.
Mr. J.S. Toor, Advocate and
Mr. Adhiraj Toor, Advocate
for respondent No.4.
36 2 2 2
DEEPAK SIBAL, J.(ORAL)
1. Through the present petition, the petitioner, who is the
President of the Municipal Council, Zirakpur (for short - MC), seeks
issuance of directions to ensure free and fair consideration of the no
confidence motion (for short - motion) moved against him. Such prayer is
made by the petitioner as he, at the time of consideration of the motion,
apprehends breach of law and order and rigging. In support of his prayers
the petitioner relies on the following judgments of Division Benches of this
Court:-
2024.07.04 16:53
| attest to the accuracy and
authenticity of this order/judgment.
NISHA
a
Re
CWP-14907-2024 -2- 2028 PHHC-083733-DB SS
(1) CWP No.17198 of 2015-Kuljit Singh Bedi Vs. The State
of Punjab & others decided on 24.08.2015
(2) CWP No.8273 of 2021-Vinod Kumar & others Vs. State
of Punjab & others decided on 20.04.2021.
2. At the outset, learned State counsel and learned counsel
appearing for the MC submit that the apprehensions expressed by the
petitioner are a figment of his imagination but the State and the MC would
leave no stone unturned to ensure that the motion moved against the
petitioner is fairly considered in the meeting of the MC scheduled to be held
on 05.07.2024. In this regard, learned State counsel submits that the State
shall deploy adequate police force to maintain law and order within a radius
of 200 meters of the premises where consideration of the motion is to take
place and that it also shall appoint the Executive Magistrate, SAS Nagar,
Mohali to supervise the proceedings.
3. Learned counsel for the MC submits that to allay any
apprehensions that the petitioner may have, videography of the entire
proceedings with regard to consideration of the motion shall be conducted
and that the relevant CCTV footage, along with the record of the
proceedings, shall be preserved for 02 months.
A. Without commenting on the apprehensions expressed on behalf
of the petitioner, as per the directions given by this Court in Kuljit Singh
Bedi's case (supra) and Vinod Kumar's case (supra), we dispose of this
petition with a direction that the State and the MC, in line with the afore
statements made before us, shall ensure that in the meeting of the MC on
05.07.2024 or on any other later date, the motion moved against the
petitioner shall be fairly and impartially considered.
2024.07.04 16:53
| attest to the accuracy and
authenticity of this order/judgment.
CWP-14907-2024 -3- 2028 PHHC-082733.DB S
5. If the petitioner will have still any grievance with regard to the
manner in which the proceedings would be conducted on 05.07.2024 or any
other later date, he shall be at liberty to approach this Court.
6. The writ petition stands disposed of accordingly.
(DEEPAK SIBAL)
JUDGE
(DEEPAK MANCHANDA)
JUDGE
July 04, 2024
Nisha Yadav
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
NISHA
2024.07.04 16:53
| attest to the accuracy and
authenticity of this order/judgment.
