WARIAM SINGH Vs. MUNICIPAL COMMITTEE

JUDGEMENT

(1.) THIS is a suit for a declaration that the bye -laws framed by Municipal Committee, Nabha and published in the Government. Gazette of 24 -12 -1950 are ultra vires and void and that the Committee had no authority to ask the Plaintiffs to discontinue their business as whole -sale vendors of fruits and vegetables at their present premises. The suit was originally brought in the Court of the Sub -Judge, II Class, Nabha, but since a substantial question as to the interpretation of the Constitution of India was involved, it was withdrawn from that Court and was ordered to be tried by this Court in its original jurisdiction.

(2.) The bye -law in question purported to be made under Sections 197 and 188 (e) (ii) of the Punjab Municipal Act 1911 by the Municipal Committee of Nabha in their emergent meting held on 30 -7 -1950 and published, after its approval by the Government, in Pepsu Government Gazette of 24 -12 -1950 is to the following effect:

(3.) THE other provision of law from which authority to frame the bye -law is derived is Section 188(e) and it provides: