JASWANT SINGH MULTANI Vs. SUB-DIVISIONAL OFFICER CIVIL

JUDGEMENT

(1.) Do the provisions of S. 244 of the Punjab Municipal Act, 1911 suffer from the taint of unconstitutionality, is the spinal issue which has necessitated the admission and hearing of this set of cases by the Division Bench.

(2.) For a question so pristinely legal, the facts pale into relative insignificance. However, a skeletal resume thereof giving rise to the issue seems to be inevitable and a reference to those in C. W. P. No. 4143 of 1980 (Jaswant Singh Multani v. Sub Divisional Officer (Civil) Exercising the powers of the Deputy Commissioner, Kapurthala and another), would suffice. By a notification published in the Punjab Government Gazette dated October 27, 1978, in exercise of the powers under S. 241 of the Punjab Municipal Act, 1911 (hereinafter called 'the Act'), the Governor of Punjab declared the local area comprising Bholath in the Kapurthala District, to be a notified area for the purpose of the said Act. Later, vide notification annexure P/2. dated Febuary 8, 1980. the Government of Punjab appointed a committee of 16 persons for the Notified Area Committee of Bholath and fixed their term for a period of three years from the date of its publication. By a similar notification, dated Feb, 9, 1980. Jaswant Singh Multani--petitioner was appointed as the President of the said Notified Area Committee and his term of office was also fixed for the same period of three years.

(3.) However, hardly eight months later on October 17, 1980, the respondent State issued the notification annexure 1/4 abolishing the Notified Area Committee which is the primary subject matter of challenge and may, therefore, be quoted in extenso :--