n. kaushal advocate general for the state of punjab k. khanna and r. n. sachthey for the respondent in all the appeals and the writ petition .
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.
appeals from the judgment and order dated march 16 1962 of the punjab high companyrt in civil writ number.
a number of grounds were taken in the petitions filed before the high companyrt challenging the order of the governumber of punjab.
300 302 of 1964.
civil appellate jurisdiction civil appeals number.
1194 to 1198 of 1961.
32 of the companystitution of india for enforcement of the fundamental rights.
with writ petition number 126 of 1964.
was delivered by wanchoo j. mudholkar j. gave an inde pendent judgment.
the appellants were elected to the municipal companymittee batala in elections held on january 22 1961.
under art.
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 s. 3 of s. 16 of the act the three appellants shall be disqualified for election for a period of one year from the date specified.
c. chatterjee v. s. sawhney s. s. khanduja s. k. manchanda b. r. kohli and ganpat rai for the appellants in the appeals the petitioner in the writ petition .
the writ petition has been filed by uma shankar appellant in this companyrt and raises the same question as in the appeals namely whether s. 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 constitution.
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 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.
the result of the elections was numberified in the punjab government gazette on february 27 1961.
the judgment of wanchoo hidayatullah shah and sikri jj.
wanchoo j. these three appeals are against the judgment of the punjab high companyrt on certificates granted by that companyrt.
