RAJ KUMAR KATH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE writ petitioners are three members of the Municipal Committee, Budhlada. Election of members of the Municipal Committee, Budhlada, was held in November, 1992. The matter came to the High Court in Civil Writ Petition No. 12715 of 1993 and after disposal of the aforesaid writ petition, the matter of co-option of members of the Municipal Committee was taken up. Order Annexure P-3 has been passed, making co-option of Nirmla Devi respondent No. 5. Subsequently, Sub Divisional Officer, Budhlada, exercising powers of the Deputy Commissioner, has summoned the meeting of members of the Municipal Committee, to be held today, i. e. April 6, 1994, at 4. 00 P. M. for election of the President and Vice President of the Municipal Committee. Orders Annexure P-3 and P-4 are questioned in this writ petition. 13 members were elected, out of whom Daya Wanti is the only member, who belongs to Balmiki caste (i. e. Scheduled Caste) and is a lady member. Order Annexure P-3 mentions that Daya Wanti belongs to Balmiki caste. However, Nirmla Devi has co-opted Under Section 12-B of the Punjab Municipal Act. Section 12-A and 12-B read as under :