KAILASH NATH SOOD Vs. STATE

JUDGEMENT

(1.) The H. P. Municipal Corporation Act, 1979 (Act No. 9 of 1980) (briefly, "the Act") was enacted to 'provide for the establishment of Municipal Corporation for certain cities in the State of Himachal Pradesh'. It came into force on 18/10/1980. Section 4 provides for constitution of a Corporation.

(2.) Om Parkash Sood and one more resident of Shimla, both registered voters in the electoral rolls for the Shimla Assembly Constituency, approached this Court through C.W.P. No. 210 of 1984 for a direction in the nature of mandamus to the State to establish a Corporation for Shimla after holding a general election therefor. This Court directed the State to constitute the Shimla Municipal Corporation on or before 30/05/1985. The order is reported as Om Parkash Sood v. State of H. P., ILR 1984 HP 443 : (AIR 1985 HP 53). The matter was taken to the Supreme Court by the State. The Supreme Court disposed it of on 23/04/1985 in Civil Appeal No. 2071 of 1985. The time for constitution of the Corporation was extended till 31/03/1986 by the order of the Supreme Court which is reported as State of H.P. v. Om Parkash, (ILR 1985 HP (Supreme Court Section) page 9). Further extension in time was granted by the Supreme Court by a later order dated 24/02/1986 (reported as State of H.P. v. Om Parkash Sood, ILR 1986 HP (Supreme Court Section) 37). This was till 15/05/1986. The Municipal Corporation of Shimla was then constituted, after holding a general election therefor as envisaged by S. 14(1) of the Act, through a notification dated 29/05/1986 published in the H. P. Gazette (Extra-ordinary) of that date.

(3.) Section 7 provides for the term of office of Councillors. It says :