MOTI RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition, under Aricle 226 of the Constitution of India, raises the question of the constitutional validity of Section 54 of the Government of Union Territories Act, 1963, and of the due constitution of the Legislative Assembly, Himachal Pradesh, constituted, under the provisions of that section

(2.) Before the Constitution of the present Legislative Assembly, a Territorial Council, constituted, under the Territorial Councils Acl, 1956, was functioning in the Union terri tory of Himachal Pradesh Respondents Nos. 4 to 47 were the members of the last Territorial Council, constituted on the 3rd August, 1962. Respondent No 3 was not a member of that Territorial Council. He was elected to the present Legislative Assembly by direct election.

(3.) In 1953, Parliament enacted the Government of Union Territories Act, making pro vision for Legislative Assemblies and Councils of Ministers for certain Union territories This Act had come into force on the 1st July, 1963 and had repealed the Territorial Councils Act, 1956 Section 54 of the Government of Union Territories Act contains provisions for the constitution of provisional Legislative Assemblies Cor Union territories until regular Legislative Assemblies are duly constituted and summoned. Clause (c) of Sub-section (2) of that section provides that a member of the Territorial Council shall be deemed to have been elected or nominated, as the case, may be, to the provisional Legislative Assembly and that, accordingly, the Legislative Assembly of a Union territory, shall be deemed to be duly constituted from the commencement of the Acl. The effect of the provisions of Clause (c) was that the members of the Territorial Council, Himachal Pradesh, became the members of the Legislative Assembly and a duly constituted provisional Legislative Assembly for Himachal Pradesh came into existence on the 1st July, 1963.