(1.) This is a petition of Shri Om Parkash Lamba, a Municipal Commissioner of Patiala, impugning the letter sent by the Punjab Government to the Deputy Commissioner on 24th of March, 1961 (Annexure 'B') directing the Vice-President to proceed afresh with the election of the President in accordance with rule 47 of the Municipal Election Rules.
(2.) The Punjab Government notified the election of twenty-six persons as members of Municipal Committee, Patiala, on 15th of February, 1961. A meeting was thereafter held for the election of President and Vice-President on 27th of February, 1961, and all the twenty-six members participated therein. The petitioner secured ten votes; Shri Om Parkash Khosla, respondent No. 2, obtained ten votes, while Shri Harmukh Rai Modi obtained only five voles. One vote was invalid. There was, thus, a tie between the petitioner and the second respondent. Such a contingency is provided for in clause (b) of sub-rule (I) of rule 49 of the Municipal Election Rules and is to this effect :-
(3.) The Chairman of the meeting, instead of drawing lots, tossed up a coin. There is no dispute that the petitioner won it. The petitioner's name was accordingly submitted to the State Government for a approval.