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1984 Supreme(HP) 57

P.D.DESAI, H.S.THAKUR
OM PARKASH SOOD – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
Shri K.D. Sood, Advocate for the Petitioner. Shri P.N. Nag, Advocate General, Shri Kedar Ishwar, Advocate for the Respondent.

JUDGMENT

P.D. Desai, C.J (Oral).—The petitioners are residents of Shimla and they are registered as voters in the electoral rolls of the Shimla Assembly Constituency. The first petitioner was also an elected member of the Shimla Municipal Committee (hereinafter to be referred to as "the Municipal Committee") from I960 to 1966.

2. The Local Self Government in the town of Shimla has passed through several vicissitudes. The last general election to the Municipal Committee was held some time in 1960 under the provisions of the Punjab Municipal Act, 1911 (hereinafter to be referred to as the "Punjab Act") which was then applicable to the local area declared to be the Municipality of Shimla. By a notification dated May 16, 1966, which was published in the Punjab Government Gazette (Extraordinary) dated May 17, 1966, the Governor of Punjab superseded the Municipal Committee with immediate effect in exercise of the powers conferred by Section 238 of the Punjab Act and directed that all powers and duties of the Municipal Committee be exercised and performed by an Administrator until the Committee was reconstituted. The validity of the said notification was challenged in Civil Writ Petitions

































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