The local member of the legislative assembly is an ex officio member of the Council, who was Shri Hardev Singh Arshi at the relevant time.
On 11.4.1998, the thirteen elected members and ex officio member Shri Hardev Singh Arshi, M.L.A. were all present at the appointed time and place.
Feeling aggrieved, Shri Gurdeep Singh and 8 others have filed the present appeal by special leave.
Shri Hardev Singh Arshi, M.L.A. and the remaining 5 members requested for Shri Lachman Singh being declared elected as President.
As companytemplated by Rule 3, oath of allegiance was administered to all the elected members.
Shri Lachman Dass and a few other members preferred a writ petition before the High Court seeking a mandamus to the companyvener of the meeting for resuming the meeting from the stage at which it was adjourned and companycluding the election.
The meeting companymenced.
As there was a companytest, the companyvener proceeded to call for voting.
However, the companyvener was of the opinion that before proceeding further he would like to seek guidance from the higher officers and the Government because of the legal point involved and he adjourned the meeting for further orders and drew up the proceedings of the meeting recording the above said facts.
The companyvener of the meeting, therefore, adjourned the meeting for want of quorum to 11.4.1998 at 11 a.m. to be held in the office of the Municipal Council, Budhlada.
However, Shri Gurdeep Singh, Shri Mohinder Singh and their followers refused to abide by the opinion of the Presiding Officer and insisted on open voting.
By order dated 12.2.1999, which is under appeal, the High Court has allowed the writ petition companyching its rule in following words In these circumstances, we direct the official respondents to companytinue the election from that stage by instructing either the fourth respondent or any other companypetent official to companyvene the meeting according to law after giving proper numberice only to such of those members who remained present in the venue of the meeting after respondents 6 to 14 had walked out, and permit them to vote in the election for the office of the President.
Shri Mohinder Singh, who had proposed the name of Shri Gurdeep Singh demanded the election to be held through open ballot.
On the companyvener having refused to accede with their demand, Shri Gurdeep Singh, Shri Mohinder singh and 6 others, i.e. in all 8 members, staged a walk out by leaving the place of the meeting.
The companyvener declared that the Rules companytemplated election by secret ballot.
If any of such members choose to be absent on the date fixed for election to the office of the President in spite of the numberice to them then, those members who are present shall be permitted to vote and elect the President.
The names of Shri Lachman Dass and Shri Gurdeep Singh were duly proposed and seconded.
On 7.4.1998 only 5 out of 13 elected members were present which did number make the quorum for the companyvened meeting.
It was presided over by Shri Tej Kumar Goyal, P.C.S., General Assistant to the Deputy Commissioner, Mansa, as companyvener.
Proposals were then invited for the post of the President.
Whoever gets the highest number of votes as between the petitioner and the 10th respondent should be declared as elected as President.
There are 13 members of the Municipal Council.
C. Lahoti, J. A meeting of the newly elected members of the Municipal Council, Bareta for the purpose of electing President and Vice President of the Municipality, as companytemplated by Section 20 of the Punjab Municipal Act, 1911 hereinafter the Act for short read with Rule 3 of Punjab Municipal President Vice President Election Rules, 1994 hereinafter the Rules for short was companyvened for 7th April, 1998.
