DALIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner's grouse is that he is being wrongfully denied the benefits of The Punjab State Legislature Members (Pension and Medical Facilities Regulation) Act, 1977 (Act No. 5 of 1977) & the Rules framed there-under. The provisions of this Act relevant to the controversy raised in this petition are as follows :-

(2.) The petitioner was elected to the erstwhile Punjab Legislative Assembly in the year 1946 from Layalpur (East Sikh Rural) Constituency and this result was notified vide Election Commissioner's Notification No. 1856 dated February 27, 1946, published in the Punjab Government Gazette on March 1, 1946. With the partition of the country in the year 1947, the constituency which the petition of the country in the year 1947, the constituency which the petitioner represented became a part of Pakistan and he migrated to this part of the sub-continent. The Governor General of India vide notification dated February 20, 1948, published in the East Punjab Govt. Gazette on February 27, 1948, declared, by virtue of the powers vested in him under the Indian independence (East Punjab Legislative Assembly) Order, 1948, the petitioner to be one of the members of the East Punjab Legislative Assembly with effect from January 13, 1948. Copy of this notification is Annexure P.1 to the petition. The assembly continued to exist till the date on its dissolution, i.e., June 19, 1951. He claims, in the light of these facts, that he remained a member of the Assembly during the following periods :-

(3.) year