KANS RAJ Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) THIS judgment will dispose of Civil Writ Petition Nos. 4233 of 1984 and 4864 of 1984, because common questions of law and fact are involved,

(2.) KANS Raj, Petitioner, in Civil Writ Petition No. 4233 of 1984 is a member of the Municipal Committee, Gurdaspur, whereas Petitioners in Civil Writ Petition No. 864 of 1984 are voters from Ward No. 13 of the Municipal Committee, Gurdaspur. The Municipal Committee consists of 17 elected members. Apart from that, members of the Municipal Committee have to coopt two lady members. One member belonging to the Scheduled Caste and one member belonging to the Backward class. If, however, the two ladies are elected then no lady is to be co -opted Similarly, if a person belonging to the Scheduled caste or Backward class, an the case may is elected then no member belonging to the Scheduled caste or Backward class, as the case may be, is to be co -opted.

(3.) THE writ petition has been contested by the Respondents. Separate written statements have been filed by each one of them. A preliminary objection has been taken that according to Rule 2 (i) of the Punjab Municipal Election Rules, 1952 (hereinafter called "the Rules") election" means election of a member, President, Vice President of a Committee and includes the co -option of a member - The co -option of Sardul Singh Respondent, had taken place in the meeting held on September 13, 1984. In view of the positive mandate of the Rules, this could be challenged only through an election petition. The Petitioners had failed to avail of the alternate remedy available to then under Rule 52 of the Rules and the writ petition was liable to be dismissed on that ground.