ATMA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal by special leave from a judgment of the Punjab and Haryana High Court, raises a question of some complexity. The question is when there is a notification issued under subsection (3) of S. 5 of the Punjab Municipal Act, 1911, for inclusion of certain local areas within the limits of a municipality, whether it is permissible for the State Government to hold elections in the municipality without delimitation of wards and preparation of fresh electoral rolls. It arises under the following circumstances.

(2.) In exercise of their powers under sub-sec. (3) of S. 5 of the Punjab Municipal Act, 1911 (hereinafter referred to as 'the Act'), the State Government of Punjab by notification dated August 2. 1976, directed inclusion of certain local areas. The local areas so included are: (1) Moranwali Panchayat Area, (2) GRam Market Area, (3) Guja Peer Basti, (4) Jakhal Road, (5) ITI Area, (6) BDO Block, (7) Tehsil Court Area and (8) Thei Area. The Gram Panchayat, Moranwali challenged the validity of the said notification by a writ petition filed before the High Court. A learned Single Judge granted an ad interim stay staying the operation of the impugned notification. The writ petition was dismissed by the learned Single Judge on October, 23, 1978. Thereupon, the Gram Panchayat preferred a Letters Patent Appeal and prayed for grant of stay of operation of the impugned notification. On December 19, 1978, a Division Bench passed the following order: Admitted, Stay dispossession ad interim. Notice regarding stay. It is common ground that eventually the stay was confirmed by the Division Bench and remained operative till April 1, 1980 when the Letters Patent Appeal was dismissed.

(3.) In the meanwhile, the State Government decided to hold the elections of councillors of the Sunam Municipality on the basis of the old municipal limits, i. e. from the existing 15 wards, along with those of the 42 other municipalities, since proviso to sub-s. (3) of S. 13 of the Act, inserted by Punjab Act 18 of 1978 as amended by Punjab Act 2 of 1979 made it obligatory for the State Government to hold such elections before June 30, 1979. Accordingly, the Deputy Commissioner issued a notification on April 6, 1979 under R. 3 of the Election Rules, 1952, specifying that the elections in the municipality shall be held on June 10, 1979. On June 23, 1979, i. e. after the whole process of election was over, the appellants, who seek to represent about 1000 voters from the local areas newly added to the municipal limits, filed a writ petition in the High Court challenging the election as null and void on the ground that there was no delimitation of wards and no fresh electoral rolls were prepared. The High Court, by its order dated July, 20, 1979, declined to set aside the elections held, but directed that the local areas be given representation under subsection (5) of S. 5 of the Act.