G.S.Singhvi, J.

1. A short but important point which arises for determination in this case is whether the expression "the members of the Committee" used in Section 21 of the Haryana Municipal Act, 1973 (hereinafter referred to as the Act) would include the members nominated by the Government under Section 9(3) of the Act. An ancillary question which would need determination relates to the effect of amendment made in Section 9(3) by the Haryana Municipal (Amendment) Ordinance, 1995 and the Haryana Municipal (Amendment) Act, 1995.

2. Before we deal with the above mentioned questions, it would be useful to refer to the facts on which the parties are not in serious dispute. Petitioner, Sukhbir Singh, was elected as Municipal Commissioner of Municipal Committee, Gharaunda, in December, 1994. He was elected as Vice President of the Municipal Committee, Gharaunda, on 24.2.1995. On a requisition given by some of the members of the Municipal Committee,, Gharaunda, to the Deputy Commissioner, Karnal, under Section 21 of the act read with Rule 72-A of the Haryana Municipal Election Rules, 1978 (hereinafter referred to as the Rules), the Deputy Commissioner appointed the Sub-Divisional