MOHINDER KUMAR AGGARWAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this Letters Patent Appeal against the judgment of the learned single Judge dated 7th August, 1989, the short point for our determination is as to whether after the expiry of the term of office of elected members of a Municipal Committee under S.13 of the Punjab Municipal Act, 1911, the out going members are bound, by law, to vacate the office or are entitled to continue in office for an indefinite period, that is, till such time the date of the meeting is fixed when the newly elected members, as and when they are so elected, take oath of allegiance. Reported in 1989 Pun LJ 573

(2.) The facts are not in dispute, as admittedly the elected members of the Municipal Committee, Kapurthala, took oath of office on 3rd June, 1983. Though on the expiry of the statutory term of five years the elected members ceased to continue beyond 2nd June, 1988, yet by virtue of the order dated 20th, June, 1988 (Ann. P/2) the State Government "decided that the Committee may continue for the time being to function beyond 3-6-1988 till further orders." This order of extension of term of the elected members was challenged by a voter of the Municipal Committee, Kapurthala, on the ground that after the expiry of the statutory term of office of five years, the State Government had no jurisdiction to extend the term and the elected members ceased to hold office as members of the Municipal Committee forthwith. The learned single Judge allowed the writ petition and quashed the impugned order dated 20th June, 1988 (Ann. P/2).

(3.) Before us in the Letters Patent Appeal filed by Mohinder Kumar Aggarwal, President, Municipal Committee, Kapurthala, it has been vehemently urged by Mr. G.C. Dhuriwala, learned counsel for the appellant that the elected members are entitled to continue as members of the Municipal Committee till such time fresh elections to the Municipal Committed are held and newly elected members are called to take oath in a meeting fixed for that purpose. Section 13 of the Punjab Municipal Act, 1911, as amended from time to time, and in its final form as it stands at present, reads as under :-