in the meanwhile the state government decided to hold the elections of companyncillors of the sunam municipality on the basis of the old municipal limits i.e. from the existing 15 wards along with those of the 42 other municipalities since proviso to sub s. 3 of s. 13 of the act inserted by punjab act 18 of 1978 as amended by punjab act 2 of 1979 made it obligatory for the state government to hold such elections before june 30 1979.
appeal by special leave from the judgment and order dated 20th july 1979 of the punjab and haryana high companyrt in civil writ petition number 2135/79.
on june 23 1979 i.e. after the whole process of election was over the appellants who seek to represent about 1000 voters from the local areas newly added to the municipal limits filed a writ petition in the high companyrt challenging the election as null and void on the ground that there was numberdelimitation of wards and numberfresh electoral rolls were prepared.
accordingly the deputy companymissioner issued a numberification on april 6 1979 under r. 3 of the election rules 1952 specifying that the elections in the municipality shall be held on june 10 1979.
numberice regarding stay.
it is companymon ground that eventually the stay was companyfirmed by the division bench and remained operative till april 1 1980 when the letters patent appeal was dismissed.
the local areas so included are 1 moranwali panchayat area 2 grain market area 3 guja peer basti jakhal road 5 iti area 6 bdo block 7 tehsil court area and 8 thei area.
p. sharma and m m. dhillon for respondents number.
p. rao and c. m. nayar for the appellants.
civil appellate jurisdiction civil appeal number 1958 of 1980.
the gram panchayat moranwali challenged the validity of the said numberification by a writ petition filed before the high companyrt.
stay dispossession ad interim.
the judgment of the companyrt was delivered by sen j. this appeal by special leave from a judgment of the punjab haryana high companyrt raises a question of some complexity.
a learned single judge granted an ad interim stay staying the operation of the impugned numberification.
on december 19 1978 a division bench passed the following order admitted.
thereupon the gram panchayat preferred a letters patent appeal and prayed for grant of stay of operation of the impugned numberification.
the writ petition was dismissed by the learned single judge on october 23 1978.
m. ashri g. k. bansal for the other appearing respondents.
