As per case facts, three Writ Petitions arose from a no-confidence motion against the President of Municipal Council, Zirakpur. Members moved a requisition, leading the President to call a meeting. ...
CWP-16128-2024 & connected cases 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(231) CWP-16128-2024
Date of Decision : September 23, 2025
Udayvir Singh Dhillon .. Petitioner
Versus
State of Punjab and others .. Respondents
(231-2) CWP-16816-2024
Udayvir Singh Dhillon .. Petitioner
Versus
State of Punjab and others .. Respondents
(231-3) CWP-16047-2025
Navjot Singh and others .. Petitioners
Versus
State of Punjab and others .. Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
HON'BLE MR. JUSTICE VIKAS SURI
Present: Mr. D.S. Patwalia, Senior Advocate, with
Mr. A.D.S. Jattana, Advocate and
Mr. B.S. Patwalia, Advocate, for the petitioner
in CWP-16128-2024.
Mr. Ashok Aggarwal, Senior Advocate, with
Mr. Mukul Aggarwal, Advocate and
Mr. Hari Pal, Advocate, for the petitioner
in CWP-16816-2024.
Mr. Nakul Sharma, Advocate, for the petitioners
in CWP-16047-2025.
Mr. Rahul Rampal, Addl. Advocate General, Punjab.
CWP-16128-2024 & connected cases 2
Dr. Anmol Rattan Sidhu, Senior Advocate, with
Mr. Shiv Kumar Sharma, Advocate, for respondent No.6.
Mr. Puneet Jindal, Senior Advocate, with
Mr. Puneet Bhushan, Advocate, for respondents N o. 7 to 23
in CWP-16128 of 2024.
Mr. Sandeep Khunger, Advocate, with
Mr. Saksham Khunger, Advocate and
Ms. Srishti, Advocate, for respondent No.6
in CWP-16816-2024 and CWP-16047-2025.
HARSIMRAN SINGH SETHI J. (ORAL)
1. By this common order, three writ petitions, the details of which
have been given in the heading, are being disposed of as all these petitions
involve the same question of law on similar facts.
2. In the present bunch of writ petitions, two petitions have been
filed by the President of the Municipal Council, Zirakpur (hereinafter called
the ‘President’). In the first petition, the prayer put-forth by the petitioner is
that the Resolution dated 05.07.2024 passed in pursuance to the requisition
dated 28.06.2024, which was moved by the Members of the Municipal
Council be treated as having been failed and in the second writ petition filed
by the President, the prayer is that since the meeting of the Municipal
Council, Zirakpur held on 15.07.2024 is without jurisdiction and the same
was not a validly convened meeting, therefore, any Resolution passed in
such meeting be treated as nullity for all intents and purposes.
3. CWP No.16047 of 2025 has been filed by the 16 Members of
the Municipal Council, Zirakpur (hereinafter called the ‘Members’) with the
prayer that at least Election qua the post of Vice President should be
conducted keeping in view the order passed by the Coordinate Bench of this
Court in these bunch of petitions that the Deputy Commissioner, SAS
Nagar, Mohali will act as Administrator of the Municipal Council so as to
CWP-16128-2024 & connected cases 3
conduct the meeting of the elected Members and the said Administrator has
also been restrained from taking any decision with regard to any policy
decision and development work are not being done which is causing
prejudice to the residents of the Municipal Council, Zirakpur.
4. Certain facts needs to be noticed for the correct appreciation of
the issue in hand.
5. The issue in hand relates to the “no confidence motion” called
by the elected Members against the President namely Udayvir Singh
Dhillon, who is the petitioner before this Court in CWP No.16128 and
16816 of 2024. A requisition dated 28.06.2024 was moved by the requisite
number of the Municipal Members i.e. 1/5th of total elected members of
Committee asking the President of Municipal Council, Zirakpur that a
meeting be called to consider “no confidence motion” against the President.
6. After the said requisition was received by the President, on
03.07.2024 the President intimated the Executive Officer qua agenda for
holding the meeting qua the requisition dated 28.06.2024 for 05.07.2024.
7. As the President was under an apprehension before conducting
of meeting that he might be facing certain difficulties during the conduct of
the said meeting hence, a writ petition was filed by him before this Court
praying qua grant of effective measures so as to ensure that there is no
untoward incident on the day when no confidence meeting is to be held on
05.07.2024 and that the Administration should be directed to look into the
said aspect with a further prayer that no person who is not connected with
conducting of the said no confidence meeting, should be allowed within 200
meters of place of the meeting.
CWP-16128-2024 & connected cases 4
8. It may be noticed that the meeting which was to be conducted
on 05.07.2024, the agenda of the said meeting was presented to all the
concerned Members of the Municipal Council, Zirakpur as well as the Local
MLAs of the area in question on 03.07.2024 so that all the concerned have
the notice qua the meeting in question to be held on 05.07.2024 so that the
same could be attended by all the concerned in order to find out that
whether, the no confidence motion initiated by the Members against the
President, is to be accepted or rejected.
9. On 05.07.2024, as per the Resolution which has been placed on
record, out of the total 31 Counselors and 1 MLA, only 5 Counselors came
in to attend the scheduled meeting which was fixed on 05.07.2024 at 03:15
P.M as per the agenda dated 03.07.2024 (Annexure P-5).
10. The dispute, which has now surfaced before us, starts from this
date. The President along with four members conducted the said meeting
and passed a Resolution that as the requisite number i.e. 2/3rd of the total
Members/Counselors of Municipal Council, Zirakpur have not supported
the Resolution of removing the President from office, which is the requisite
for removal of President or Vice President, the same makes the said
Resolution a failed one whereas, the remaining Members pleaded that as
enough security was not provided so as to conduct the meeting smoothly
and there was an apprehension qua the said meeting dated 05.07.2024, the
said meeting consequently stood postponed.
11. In the meanwhile, when the said issue was pending that
whether, the meeting dated 05.07.2024, is a valid meeting or not so as to
reach to the conclusion that whether the “no confidence motion” initiated
CWP-16128-2024 & connected cases 5
against the President is to be treated as failed or the said meeting is to be
treated as adjourned, the Members conducted another meeting on
15.07.2024 and passed a Resolution of no confidence motion against
President. The said Resolution was then sent to the appropriate
Government for the necessary approval keeping in view the conditions
stipulated in Section 22 of the Punjab Municipal Act, 1911.
12. In the meantime, the President filed the second petition before
this Court raising the grievance that the meeting which was held on
15.07.2024 was without jurisdiction and that any decision taken in such
meeting cannot bind the President and therefore, the said meeting and the
Resolution passed therein be declared as null and void.
13. Keeping in view the two petitions filed by the President raising
two pleas that the meeting held on on 05.07.2024 wherein the no confidence
motion initiated against President had failed as the same was not approved
due to the fact that 2/3rd of the members of the Municipal Council, Zirakpur
did not support the same along with other grievance raised in another
petition file by petitioner that the meeting dated 15.07.2024 and the
Resolution passed therein by the Members is without jurisdiction. Keeping
in view the grievance raised by petitioner in the petitions, the respondent-
State as well as the Municipal Council, Zirakpur were asked to respond to
the said prayer of the petitioner.
14. Upon reply, with regard to the meeting dated 05.07.2024, not
only the Members but even the State came out with the reply that though, a
meeting was called on 05.07.2024 for the purpose of considering no
confidence motion against President but, keeping in view the fact that the
CWP-16128-2024 & connected cases 6
required security arrangements could not be made within such as short span
of time, the said meeting was not held and rather the same was adjourned.
The other Members, who did not attend the said meeting also pleaded the
same that no valid meeting took place on 05.07.2024 so as to hold that no
confidence motion moved on 28.06.2024 stands rejected.
15. Further, another plea was also taken by Municipal Council,
Zirakpur that the Resolution dated 05.07.2024 passed by the 5 Counselors
has already been declared null and void by the Director Local Government
Punjab, Chandigarh vide order dated 15.07.2024.
16. With regard to the meeting dated 15.07.2024, the State has
submitted that the said meeting was called by the Executive Officer on the
asking of Members of the Municipal Council, Zirakpur who had submitted
the requisition dated 28.06.2024 and was attended by the required number
of the Members and Resolution No.24 was passed pertaining to the “no
confidence motion” moved on 28.06.2024 and that such meeting dated
15.07.2024 was validly convened and the said Resolution was passed,
which Resolution was sent to the Government for appropriate decision
keeping in view the provisions of Section 22 of the Punjab Municipal Act
and the matter is still pending at that stage keeping in view the fact that
before the decision could be taken by the Government upon meeting held on
15.07.2024, pertaining to Resolution passed qua “no confidence motion”,
orders were passed by the Coordinate Bench of this Court appointing an
Administrator to conduct the business of the Municipal Council, Zirakpur,
which arrangement is functional even as of now.
CWP-16128-2024 & connected cases 7
17. The question which arises for the determination before this
Court is that whether, the Resolution passed by the five Municipal
Counselors in the meeting held on 05.07.2024 in pursuance to the
Resolution moved on 28.06.2024 qua initiating of the “no confidence
motion” against the President has failed and the same is valid or whether,
the meeting dated 05.07.2024 stood adjourned on account of security
reasons and whether, the other meeting convened on 15.07.2024 by the
Executive Officer, on the asking of the Municipal Counselors, who had
moved the “no confidence motion” against the President on 28.06.2024 is a
validly convened meeting or not or any Resolution passed therein to remove
the President from his seat, has the sanctity of law or not.
18. We have heard learned senior counsel for the parties and have
gone through the record with their able assistance.
19. At this stage, learned Senior Counsel appearing on behalf of the
petitioner submits that the petitioner is not pressing with regard to the
Resolution passed in this meeting held on 05.07.2024 in pursuance to
requisition dated 28.06.2024 though, he has full confidence that the
Resolution passed in said meeting dated 05.07.2024 is a valid Resolution
but he is not averse in case any such other meeting is directed to be held for
concluding the no confidence motion initiated against President/petitioner
in case the same is ordered by this Court. Therefore, the plea of the
petitioner should only be adjudicated with regard to the validity of the
meeting held on 15.07.2024 and the Resolution passed therein. Hence, the
only question which is being dealt with in this judgment is that whether, the
meeting dated 15.07.2024, which meeting had been summoned by the
CWP-16128-2024 & connected cases 8
Executive Officer by making a request vide letter dated 12.07.2024
(Annexure P-15) on the asking of the Municipal Members is valid or not.
20. Before deciding the issue with regard to the validity of the
meeting dated 15.07.2024, certain provisions of law need to be looked into
as they are very relevant for the purpose of deciding the issue that has been
raised before this Court.
21. The Punjab Municipal Act, 1911 deals with the conduct of such
meetings as has been disputed in the present petitions. Section 25 of the
Punjab Municipal Act, 1911 deals with the time of holding the meeting and
Section 26 stipulates the details with regard to the ordinary and the special
meeting. Sections 25 and 26 of the Punjab Municipal Act, 1911 read as
under:
“25. Times of holding Meetings. - (1) Every committee shall
meet for the transaction of business at least once in every
month at such time as may, from time to time, be fixed by the
bye-laws.
(2) The President or, in the absence 1 [or during the vacancy
of his office [or during his suspension under Section 22] a
Vice-President may, whenever he thinks fit and shall on a
requisition [specifying the purpose of the meeting made in
writing] by not less than one fifth of the members of the
committee, convene either an ordinary or a special meeting at
any other time.
(3) If the President or the Vice-President, as the case may be,
fails to call a meeting of the committee within a period of
fourteen days from the date of receipt of requisition, the
members who had signed the requisition may convene a
meeting of the committee in accordance with the bye-laws of
the committee within a period of thirty days of the making of
such requisition and notwithstanding anything contained in
CWP-16128-2024 & connected cases 9
this Act such meeting shall be deemed to be a validity
conveyened meeting :
Provided that no business other than that specified in the
requisition shall be transacted in such meeting and the quorum
for such a meeting shall be as provided for a special meeting
under sub-section (1) of Section 27.
26. Ordinary and special meeting. - (1) Every meeting of
committee shall be either ordinary or special.
(2) Any business may be transacted at an ordinary meeting
unless required by this Act or the rules to be transacted at a
special meeting.
(3) When a special and an ordinary meeting are called for the
same day the special meeting shall be held as soon as the
necessary quorum is present.”
22. A bare perusal of Section 25 (2) of the Punjab Municipal Act,
1911 would show that the President or in his absence, the Vice President
can call a meeting on a requisition moved in writing by not less than 1/5th
of the members of the Committee to convene either an ordinary or a special
meeting at any time. In case, the President or the Vice President, fails to call
such meeting within a period of 14 days from the receipt of the requisition,
the members, who have signed the requisition to convene a meeting can
themselves convene the meeting of the Committee in accordance with the
bye-laws within a period of 30 days from the date the requisition has been
submitted.
23. A bare perusal of the Section 25 of the 1911 Act would show
that the meeting is to be initially called by the President or the Vice
President in case post of the President is vacant and the said meeting is to be
fixed by the President or the Vice President (in case the post of the
President is vacant) within a period of 14 days of the receipt of notice qua
CWP-16128-2024 & connected cases 10
holding of such notice and in case a failure occurs at the hands of said
authority adhere with the said time limit so as to hold the meeting, the
requisitionists i.e. the Members can conduct the meeting on their own
within a period of 30 days of the submission of the requisition.
24. When the said Section 25 of the 1911 Act is applied in the facts
and circumstances of the present case, it should be noted that the requisition
to hold a meeting was moved by the Members on 28.06.2024. The meeting
in pursuance to the requisition made by Members could have been fixed by
the President upto 12.07.2024. It is a conceded position that on 03.07.2024,
the President exercised the said jurisdiction and fixed the meeting to be held
on 05.07.2024. Once the said meeting was fixed by the President within the
stipulated time, the requisite of calling the meeting as per the time frame
stipulated in Section 25 of the 1911 Act was adhered to by the President.
25. The meeting dated 05.07.2024, though was held by the
President but was treated as adjourned by the Members as well as by the
administrative authorities on the ground of inadequate security measures,
but the said issue is not being decided as the same is not being pressed by
the President hence, the said meeting, is to be treated as having been
adjourned for all intents and purposes.
26. The question which now arises for consideration is that who
will be the authority to fix the fresh date of meeting in case the meeting
dated 05.07.2024 is to be considered as adjourned/postponed. In this regard,
Sections 25 of the Punjab Municipal Act, 1911 clearly goes to show that
such a meeting can only be called either by the President or by the Vice
President (in case the post of Vice President is vacant). There is no third
CWP-16128-2024 & connected cases 11
authority assigned to call the meeting.
27. The meeting dated 15.07.2024 was never called by the
President, which is a conceded fact before this Court. Rather, the meeting
dated 15.07.2024 was called by the Executive Officer vide letter dated
12.07.2024 on the asking of the requisitionists/Members, who had served
the Resolution dated 28.06.2024 for initiating the “no confidence motion”
for removal of the President. That being so, it now be comes a concluded
fact the meeting dated 15.07.2024 was not called by the competent
authority. Once, the meeting dated 05.07.2024 stands postponed, then, in
case of such postponement, the next meeting could have only been fixed by
the President, which procedure was concededly not adopted hence, for all
intents and purposes, the said meeting dated 15.07.2024 cannot be treated as
a valid meeting summoned as per the Section 25 of the Punjab Municipal
Act, 1911 hence, any Resolution passed on 15.07.2024 therein cannot be
treated as a valid Resolution.
28. Further, learned State counsel was requested to assist the Court
qua the aspect that whether, the Executive Officer, on the asking of the
requisitionist/Members could have summoned the meeting dated
15.07.2024 keeping in view the provisions under Section 25 of the 1911
Act; learned State counsel as well as learned counsel for the Municipal
Members conceded before this Court that no such power exists with the
Executive Officer of the Municipal Council so as to call the meeting once
the post of the President is already occupied and the President was
available.
CWP-16128-2024 & connected cases 12
29. Keeping in view the said conceded position before this Court,
the meeting summoned by the Executive Officer which was held on
15.07.2024, cannot be treated as a valid meeting or a Resolution passed in
such meeting also cannot be treated as a valid Resolution.
30. The argument has been raised by the learned Senior Counsel
for the Municipal Members that the requisitionist/Members can convene the
meeting within a period of 30 days of requisition, which has been done in
present case, hence, the validity of meeting dated 15.07.2024 is not treated
to be void. It may be noticed that the said argument is to be considered
keeping in view Section 25 of the Punjab Municipal Act, 1911.
31. Though as per Section 25 of the Punjab Municipal Act, 1911,
the requisitionist/Members has been given with a right to convene meeting
within a period of 30 days of the serving the requisition but it shall be noted
that the said right accrues with such requisitionist/Members only, in case the
President does not fix the meeting within a period of 14 days of the receipt
of the requisition. In the present case, it is a conceded position that the
President upon receiving of the requisition dated 28.06.2024, fixed the
meeting on 05.07.2024, which is within a period of 14 days of the
requisition made, hence, once the meeting had already been fixed by the
President for on 03.07.2024 to be held on 05.07.2024 within stipulated time
period, which meeting dated 05.07.2024 was held to be postponed ,another
meeting on same requisition, the postponed meeting too could have only
been called by the President. It shall be noted that requisitionist/Members
only have a power to convene the meeting in case the President fails to call
the meeting within a period of 14 days of the requisition made whereas, the
CWP-16128-2024 & connected cases 13
facts in the present case are otherwise, which are conceded by the respective
parties and same have been duly reproduced hereinbefore. Hence, in the
present case, the meeting which was held on 15.07.2024 which meeting was
fixed by the Executive Officer which authority did not had the jurisdiction
to call for meeting on his own, which fact has been conceded before this
Court by the learned Senior Counsel for the Municipal Council, Zirkapur,
the said meeting dated 15.07.2024 was convened without jurisdiction as the
same was not convened by the competent authority and the same was
conducted in violation of the Section 25 of the Punjab Municipal Act, 1911
and hence, the said meeting is to be treated as null and void for all intents
and purposes, including any Resolution passed in such meeting.
32. The question which now arises is that whether, the requisition
dated 28.06.2024, which requisition was made for the purpose of initiating
no confidence motion against president still needs to be dwelved into or not.
33. Once, in a democratic set-up, a requisition has been moved by
the required Member for the purpose of raising no confidence motion
against the President, the same has to be respected and the proceedings in
pursuance to the said requisition has to be held so that the Municipal
Council, Zirakpur is able to work in a democratic way as per the provisions
of the Punjab Municipal Act, 1911.
34. Keeping in view the totality of the circumstances, as the
requisition dated 28.06.2024 has to be brought to the logical ends, the
meeting of the Municipal Council, Zirakpur has to be convened for the said
purpose.
CWP-16128-2024 & connected cases 14
35. At this stage, learned counsel for the parties submit that as
there will never be an agreement amongst the parties qua holding of the said
meeting in pursuance of the requisition made on 28.6.2024, let the date of
meeting be fixed by this Court on behalf of the President i.e. petitioner
herein so that no one has any grievance with regard to the aspect that
whether the meeting is being fixed at date earlier or later than it should have
been fixed on.
36. Keeping in view the liberty given by the learned Senior
Counsel to this Court so as to fix a date for meeting qua Municipal Council,
Zirakpur on behalf of all the parties, this Court decides that the meeting of
the no confidence motion, in pursuance to the requisition dated 28.06.2024
will be held on 03.10.2025. Said proposal has been accepted by all the
parties. The said meeting will be held in the office of the Municipal
Council, Zirakpur at 2:00 P.M. The said meeting will be conducted in a free
and fair manner and the proceedings of the meeting will be video-graphed.
The Deputy Commissioner, SAS Nagar Mohali is entrusted with the task of
ensuring that not only the said meeting is held in a free and fair manner but
also that no one creates an atmosphere which leads to adjournment of said
meeting.
37. As all the Municipal Counselors are before this Court and have
a notice of the meeting dated 03.10.2025 but still, as by an abandoned
caution, the Executive Officer, within a period of four days from today will
serve a notice upon each of the member including the MLA concerned who
are entitled to attend the meeting and vote, are apprised of the said meeting
date i.e. 03.10.2025.
CWP-16128-2024 & connected cases 15
38. An apprehension is also being raised by the parties that during
the conducting of said meeting, some untoward incident might happen; in
order to curb the said apprehension, an observer from this Court will also be
appointed.
39. Mr. Gurpreet Singh, Advocate, who is sitting in the Court, is
requested to be the observer of the said meeting and file a compliance report
before this Court after the conduct of the said meeting. Mr. Gurpreet Singh,
Advocate has accepted the request of the Court graciously.
40. As an observer is being appointed by this Court, a sum of Rs.1
lac will be paid to Mr. Gurpreet Singh, Advocate, which amount will be
equally paid by the petitioners and Municipal Counselors, which proposal
of appointing the observer as well as fee to be paid by him has been
graciously accepted by the parties. The fee will be collected by the
Executive Officer from the President as well as the other Members as
directed hereinbefore to be paid by them as undertaken and be given to Mr.
Gurpreet Singh, Advocate at the start of the meeting. The observer
appointed by the Court is requested to file a compliance report.
41. With regard to CWP No.16047 of 2025, the said writ petition
has been filed with a prayer that the election to the post of Vice President be
held.
42. It may be noticed that as per the order passed by the Coordinate
Bench, the Administrator was continuing to discharge the duties. After
conducting the meeting dated 03.10.2025, in case the President survives the
no confidence motion initiated against him, he will continue to hold the said
office and President is directed to convene the meeting for election to the
CWP-16128-2024 & connected cases 16
post of Vice President within a period of 30 days by following due process
of law.
43. In case, the President is not able to survive the no confidence
motion initiated against him in the meeting held on 03.10.2025; as per
Section 22 of the Punjab Municipal Act, 1911, the President against whom
the no confidence motion is passed, and same is to be notified by the
Government and such a President is to be treated as suspended till
notification, and in such situation the requirement of the Vice President to
run the affairs of Municipal Council will increase and therefore, the Deputy
Commissioner, SAS Nagar, Mohali under whose jurisdiction the Municipal
Council, Zirakpur comes, will hold the election to the post of Vice President
within a period of one month from the date of election i.e. 03.10.2025 as per
law.
44. The present writ petitions are disposed of in above terms.
45. Civil miscellaneous application pending if any, also stands
disposed of.
46. A photocopy of this order be placed on the file of other
connected cases.
(HARSIMRAN SINGH SETHI)
JUDGE
September 23, 2025 (VIKAS SURI)
harsha JUDGE
Whether speaking/reasoned : Yes
Whether reportable : Yes
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