( 1 ) MEMBERSHIP of the petitioner of the Metropolitan Council of Delhi constituted under the Delhi Administration Act, 1966 (Act No. 19 of 1966), at stake. The petition is being disposed of on admitted tacts. On 2nd January, 1969, when the motion for issue of rule nisi was heard, the learned counsel agreed that the matter may be decided on the interpretation of Sec. 18 of the said Act, In the order dated 2nd January, 1969, while admitting the writ petition, this Court recorded:

"the learned counsel agree that the entire matter turns on the interpretation of Section 18 (3 ). Mr. Daphtary says that in the circumstances no counter-affidavit is necessary. The said undisputed facts are that the petitioner is a member of the Metropolitan Council; that the petitioner contested the election as a Congress nominee and has all along been the Secretary of the Congress Party in the Council; that at present the party position in the Council is Jan Sangh Party 35 seats; Congress Party 21 seats; and Independents 5 seats; that a session of the Council was held from 20th March, 1968, to 8th April, 1968, and the petitioner attended all those sittings of the Council; that after 8th April, 1