LACHHMAN SINGH CHUHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN these connected writ petitions (Civil Writs 212 to 217 of 1959) we are concerned with the municipal elections of Morinda Municipal Committee held this year and they will all be disposed of by this order.

(2.) IN Civil Writ 212 of 1959, Lacuhman Singh and Jati Ram are the petitioners, Lachhman singh being a voter in Ward No. 4 of the Municipal Committee, Morinda, and Jati Ram petitioner No. 2 being the defeated candidate in the election held on 26-2-1959. Respondents nos. 4 to 11 are the successful candidates from the six Wards of the Municipal Committee. Nomination papers were filed on 5-1-1959; 24-1-1959 was the date fixed for withdrawal of candidature and polling took place on 20-2-1959. It is alleged in the petition that the State of Punjab respondent No. 1 published a notification dated 11-4-1958 (Annexure 'a' attached to the petition) under Section 240 of the Punjab municipal Act and rules made thereunder, by which the Municipality of Morinda was divided into six wards; be-fore doing so, another notification dated 14/18th of May 1957 containing draft rules had been published and objections were invited as required by the provisions of Section 240 of the Act. Later on a notification dated 30-10-1958 (Annexure 'b' annexed to the petition) superseded the earlier notification dated 11-4-1958. It is averred in the petition that since the previous notification dated 11-4-1958 was superseded, a fresh notification containing the draft rules was necessary under the law. The validity and legality of the notification dated 30-10-1958 is assailed on this ground. It is then alleged in the petition, that before the delimitation of the Constituencies for the purposes of the impugned election, the boundaries of the wards as fixed previous to 1957 were entirely different and it was in the circumstances necessary that before any variation in the wards could be made, there should Have been a valid delimitation of the constituencies for the purpose of holding the impugned elections. The electoral rolls prepared for the Punjab Legislative Assembly for Morinda town published on 17-12-1958 were, according to the petition, adopted, as the electoral rolls for the elections in dispute, ia an illegal manner. This electoral roll does not divide Morinda town into any wards; it merely contains the names of voters without making any reference to the parts of the Municipal town of Morinda. This list, it is alleged, was really prepared for the purposes of elections to the Punjab Legislative assembly from Rupar Constituency. It is then alleged that by means of a letter dated 31-12-1958 (Annexure 'c' attached to the petition) the Deputy Commissioner, Ambala, directed the President of the Municipal Committee, Morinda, that the voters in the above electoral rolls should be distributed in six Wards as given in the key chart attached to the letter. This key-chart, the petition continues, was prepared without giving any notice to the voters of the Morinda Municipal Committee and without inviting objections thereto. It was a document prepared by the Deputy Commissioner, Ambala, ex partc and was signed by the Election kanungo, Tehsildar Elections, Amhala, Returning Officer, Ambala, and Deputy Commissioner, ambala. The electoral rolls and the key-chart arc alleged to be null, void and ineffective on the grounds that-

(3.) IN support of his contention the counsel has principally relied on two cases. In Chief commissioner of Ajmer v. Radhey Shyam Dani, (S) AIR 1957 SC 304, the Ajmer Morwara municipalities Regulation (6 of 1925) and Ajmer State Municipalities Election Rules. 1955, were considered by the Supreme Court. Support is sought by the counsel from the following observations of Bhagwati J. , in para 12 of the report: