( 1 ) THE following notification by the Local Government Department (Committees) dated May 16, 1966 was published on May 17, 1966, in the Punjab Government Gazette Extraordinary :-

"no. 4607-3ci-66/13449.- Whereas the Municipal Committee, Simla, in the Simla District, due to the reasons given in the schedule below has been found to be incompetent to perform and has persistently made default in the performance of duties imposed on it by or under the Punjab Municipal Act, 1911. Now, therefore, in exercise of the powers conferred by section 238 of the Punjab Municipal Act, 1911, the Governor of Punjab hereby directs that the said committee of Simla, in the Simla District, shall be superseded with immediate effect and directs that all powers and duties of the said Committee shall until the Committee is reconstituted, be exercised and performed by an Administrator and hereby appoints the General Assistant to the Deputy Commissioner, Simla as Administrator of the Simla Municipality in addition to own duties till the appointment of a wholetime Administrator. SCHEDULE (1) The Municipal Committee, Simla, has failed to improve the working of Ripon Hospital, Simla. (2) The Municipal Committee, Simla, has shown utter disregard in respect of proper maintenance of sanitary condition of Simla town. (3) The Municipal Committee, Simla, has failed to improve the general condition of roads which is very bad. It adopted a discrimi- natory attitude in allotment of funds for repair of roads, concerning itself more with the patronage of members than with the welfare of general public, and without any consideration to the need of particular areas. (4) The Municipal Committee, Simla ignored taking any action on the complaints received by it against the installation of a drycleaning and dyeing plant by Municipal Commissioner although the said plant was causing nuisance to the inhabitants of the area. (5) The Municipal Committee, Simla, has been very neglectful in preventing unauthorised cutting of trees, a practice which is extremely harmful in hilly areas. It took no action in a complaint against a Municipal Commissioner and in a number of cases it regularised the unauthorised cutting by imposing nominal fines. (6) The Municipal Committee, Simla, grossly abused its powers in sanctioning constriction of 6 shops by a Municipal Commissioner on the Northern side of the Mall Road, ignoring the orders of the Commissioner and the Deputy Commissioner putting restrictions on, such constructions on the side of the Mall Road in questions. (7) The Municipal Committee, Simla, acted in a mala fide manner and adopted discriminatory attitude in imposing unnecessary harsh conditions on Shri Avtar Singh while accepting his tender for lease of Stall No. 137, Lower Bazar, Simla. (8) The Municipal Committee, Simla, has been contemptuously ignoring directions issued by Deputy Commissioner and deliberately delaying replies to his communications. (9) The Municipal Committee, Simla, has been grossly delaying action on the complalnts received from the Municipal employees and the public. (10) The Municipal Committee, Simla, has failed to make full payment of its contribution to the Improvement Trust, Simla, for the year 1965-66 and thus has not discharged its statutory obligation under section 68 of the Punjab Town Improvement Act, 1922. P. N. BHALLA, Secretary to Government Punjab, Local Government Department. "the validity of this notification superseding the Municipal Committee, Simla, is challenged before us in the two writ petitions (C. Ws. Petitions Nos. 42 and 44 of 1967 ).

( 2 ) SURAJ Parkash, claiming to be a Municipal Commissioner, Simla, in the superseded Committee, is the sole petitioner in C. W. Petition No. 42 of 1967. This petition was presented in the High Court of Judicature for the State of Punjab at Chandigarh on June 30, 1966, before the reorganisation of that State, and it was registered in that High Court as Writ Petition No. 1492 of 1966. The State