PARKASH CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PARKASH Chand has filed this appeal under Clause X of the Letters Patent against the judgment of a learned Single Judge; of this Court. This appeal came up for hearing before my learned brother Bains, J. and myself. After hearing the learned counsel for the parties, we found that a Division Bench judgment of this court in Onkar Singh v. State of Haryana, (1972) 74 Pun LR 378, needed reconsideration and accordingly we referred the appeal for decision to a larger bench. That is how we are seized of the matter.

(2.) MILKHI Ram and Som Nath, respondents, were elected President and Vice president of the Municipal Committee, Kapurthala. Earlier to the election of the president and Vice-president, a meeting was held on 9th of July. 1972, to coopt two women in accordance with the provisions of Section 12-B of the Punjab municipal Act, 1911 (hereinafter referred to as the Act ). In that meeting shrimati Pimmi Khosla and Shrimati Nirmala were declared elected. Parkash chand, appellant, filed a petition under under Articles 226 and 227 of the constitution of India calling in question the election of the President and Vice-President as well as the co-option of the two lady members. The learned Single judge allowed the petition with regard to the co-option of the lady members while in respect of the election of the President and Vice-President the petition was rejected.

(3.) IT was sought to be argued by Mr. Sawhney that the election of the two coopted ladies had been held to be illegal; that the said two co-opted ladies took part in the election of the President and Vice-President and that their election having been held illegal, their mere participation was sufficient to declare the election of the President and Vice-President void. After giving my thoughtful consideration to the entire matter. I find myself unable to agree with this contention of the learned counsel.