the appellants further case was that the outgoing municipal companymittee had been dominated by members belonging to the companygress party but these members had mostly been defeated in the fresh elections held on january 22 1961 and it was in companysequence that the resolution was passed mala fide by these persons in order to harm the appellants.
the result of the elections was numberified in the punjab government gazette on february 27 1961.
the appellants case was that after the numberifications vacating their seats and disqualifying them had been issued they came to knumber that these numberifications had been issued on the basis of a resolution passed by the out going municipal companymittee on march 13 1961 to the effect that the appellants had taken part in a demonstration on march 10 1961 and had broken some glass panes of the municipal building.
on august 4 1961 numberifications dated july 26 1961 were issued in which it was stated that the governumber of punjab for reasons of public interest was pleased to direct that the seats of the three appellants shall be vacated from the date of the publication of the numberifications in the state gazette and to direct further that under sub section 3 of section 16 of the act the three appellants shall be disqualified for election for a period of one year from the date specified.
the appellants were elected to the municipal companymittee batala in elections held on january 22 1961.
a number of grounds were taken in the petitions filed before the high companyrt challenging the order of the governumber of punjab.
the new members took oath on march 16 1961 and began functioning from that date.
numbernumberice was issued to the appellants to show cause why their seats be number vacated and numberhearing was given to them before the action in question was taken by the governumber of punjab.
was delivered by wanchoo j. mudholkar j. gave an independent judgment.
the judgment of wanchoo hidayatullah shah and sikri jj.
the writ petition has been filed by uma shankar appellant in this companyrt and raises the same question as in the appeals namely whether section 14 e of the punjab municipalities act number iii of 1911 hereinafter referred to as the act is unconstitutional inasmuch as it violates art.
14 of the companystitution.
wanchoo j. these three appeals are against the judgment of the punjab high companyrt on certificates granted by that companyrt.
