KHAYAL CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of Civil Writ Petition Nos. 16151 and 13585 of 1992 as identical questions of law and fact are involved in these petitions.

(2.) Petitioners have sought issuance of a writ of certiorari quashing of Annexure P-22 dated 4 -12-1992 with a further prayer for issuance of a writ of mandamus directing the respondents to act in accordance with law and also declaring Section 24(4) of the Punjab Municipal Act (for short 'the Act') and Rule 68 of the Punjab Municipal Election Rules (for short 'the Rules'), as ultra vires of the Constitution.

(3.) According to the petitioners, Municipal Committee, Phagwara, has 21 elected members. It is on 22-9-1992 that these elected members were administered oath and on the same day two members were co-opted i.e. one woman member under Section 12-B of the Act and another member belonging to the Backward Classes under Section 12-C of the Act. The proceedings of the meeting held on 22-9-1992 were duly recorded - Annexure P-1. It is the grievance of the petitioners that despite the fact that they had been co-opted, yet their names were not being notified as Sh. Joginder Singh Mann, Minister of State for PWD (B and R) Punjab was interested that his own men should be elected as members and so was putting up obstacles. According to the petitioners, order dated 4-12-1992 passed by the Secretary to the Government of Punjab to notify the names of the petitioners is not only illegal, unjust and against the principles of natural Justice but otherwise too is contrary to the mandate of the people. Even otherwise, recourse to Rule 58 of the Rules could not be made when the same matter was being agitated in two separate election petitions where in co-option of petitioners. Nos. 1 and 2 has been separately challenged. Construed so, the action of the State Government can be termed to be mala fide.