SARLA KAUSHIK Vs. JAGJIT SINGH RATHOR

JUDGEMENT

(1.) Interpretation of Section 3 (3) (b) (i) of Delhi Municipal Act, 1957 ( hereinafter referred to as 'the said. Act' ) falls for consideration in this Letters Patent Appeal, which arises out of a judgment and order dated 20.11.2001 passed by learned Single Judge of this Court in C.W.P. No. 57 of 2001 whereby and whereunder a notification dated 15.12.2000 issued by the Administrator, Delhi in exercise of his power conferred upon him under Section 3 (3) (b) (i) of the said Act was set aside.

(2.) Elections for Councillors in Municipal Corporation of Delhi ( in short, 'the Corporation' ) were held in February, 1997. The Administrator in exercise of his power conferred upon him under Section 3 (3) (b) (i) of the said Act vide notification dated 29.09.1997, nominated ten persons to be represented in the Corporation including the petitioners. The said notification had neither been withdrawn nor cancelled or amended.

(3.) By reason of the impugned notification dated 15.12.2000, the Administrator nominated ten more persons to be represented in the Corporation. Questioning the said notification, a writ petition was filed inter alia on the ground as nomination would be co-terminus with the duration of the Corporation, the impugned notification must be held to be bad in law.