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1965 Supreme(SC) 24

J.C.SHAH, J.R.MUDHOLKAR, K.N.WANCHOO, M.HIDAYATULLAH, S.M.SIKRI
Ram Dial: Uma Shankar – Appellant
Versus
State Of Punjab – Respondent


Advocates:
B.K.Khanna, B.R.KOHLI, GANPAT RAI, J.N.KAUSHAL, N.C.CHATTERJI, R.N.SACH, S.K.Manchanda, S.S.Khanduja, V.S.SawhneyAp

Judgment

WANCHOO, J. (On behalf of himself and Hidayatullah, J. C. Shah and S. M. Sikri, JJ.) :These three appeals are against the judgment of the Punjab High Court on certificates granted by that Court. The writ petition has been filed by Uma Shankar appellant in this Court and raises the same question as in the appeals, namely, whether S.14 (e) of the Punjab Municipalities Act, No. III of 1911 (hereinafter referred to as the Act) is unconstitutional inasmuch as it violates Art. 14 of the Constitution. The appeals and the writ petition will, therefore, be dealt with together. We may add that we are not concerned in these appeals with S. 14 (a)and (b) and that part of S.14(e) which provides for recall at the request of the majority of the electors, and express no opinion in that behalf.

2. The question arises in this way. The appellants were elected to the Municipal Com- mittee, Batala in elections held on January 22, 1961. The result of the elections was notified in the Punjab Government Gazette on February 27, 1961. The new members took oath on March 16, 1961 and began functioning from that date. On August 4, 1961, notifications dated July 26, 1961 were issued in which it was stat























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