NACHHATAR SINGH SAGGU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THERE are 19 members of the Municipal Council, Jagraon, District Ludhiana. Member of the Legislative Assembly from Jagraon is the ex -officio member of the Municipal Council, Jagraon (hereinafter referred to as 'the council'). This raises the strength of membership of the Council to 20. It is disputed as to whether the member of the Legislative Assembly from the area would have the right to vote in the meeting of the Councilor not. This point is not in issue in this writ petition.

(2.) PETITIONERS numbering seven, all members of the Council belong to one group. Office of the Vice President of the Council had not been filled. Petitioner submitted as requisition, requesting the President of the Council to convene a meeting of the Council under Section 25 of the Punjab Municipal Act, 1911 (hereinafter referred to as 'the Act') for electing the Vice President of the Council, on 3.4.1975.

(3.) SECTIONS 25,26 and 27 of the Act, read as under: -