RISHI DUTT GULATI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY Notification No. 1020-USLG-II 82/1362 published on 18-1-1983, the Governor of Punjab created a new Improvement Trust for the local area of Municipal Committee, Batala to be called the Batala Improvement Trust (hereinafter referred to as the Trust) with immediate effect. In exercise of the powers vested under Section 3-A, Punjab Town Improvement Act, 1922 (for short the Act ). Section 3-A of the Act was inserted by the Punjab Town Improvement (Amendment) Act, 1982 (Punjab Act No. 18 of 1982), which was published on 4-10-1982. Sub-sections (1), (2), (3) and (4) of Section 4 of the Act were substituted by new sub-sections by the same Amendment Act. Simultaneously, the Governor of Punjab issued Notification No. 1020-USLG-II-82/1365, which was also published on 18-1-1983 in exercise of the powers vested under Cls. (a) and (b) so sub-section (1), read with sub-sec (4) of Section 4 of the Act and appointed three official members and tree members of the Municipal Committee, Batala, as Trustees of the Trust. In this case, there is no dispute with regard to the appointment of the official members. The dispute is with regard to the appointment of three members of the Municipal Committee, Batala, as Trustees of the Trust. Those persons have been impleaded as respondents 5 to 7.

(2.) ON 25-1-1983, two members of the Municipal Committee, Batala, filed this writ petition under Articles 226 and 227 of the Constitution to challenge the appointment of respondents 5 to 7 as Trustees of the Trust.

(3.) SHRI Satya pal Jain argued that under S. 4 (1) (b) read with S. 4 (3) of the Act, three members of the Municipal Committee, Batala, had to be elected by the Municipal Committee as Trustees of the Trust and the State Government had no jurisdiction to appoint them as Trustees in exercise of the powers under Section 4 (4) of the Act unless an opportunity is provided to the Municipal Committee to elect the Trustees. If in spite of opportunity, the members fail to elect, only then the State Government can nominate under Section 4 (4 ). In highlighting the argument, it was urged that the Trust was created on 18-1-1983 in accordance with the provisions of Section 3 read with Section 3-A of the Act. From that date onwards, the matter of the constitution of the trust under Section 4 of the Act had to start, and hence opportunity to elect had to be given on or after 18-1-1983, which was not done in this case.