G.L.Chopra, J.

1. These two Letters Patent Appeals arise out of the same judgment of a learned Single Judge of this Court declaring the office of the ten elected members of Municipal Committee, Barnala, to be vacant and ordering that these members be restrained from discharging any of the functions, rights and duties of a member of the Municipality. Letters Patent Appeal No. 209 of 1957 is presented by the State and the other. No. 162 of 1957, by the members whose seats are declared to be vacant.

2. Elections for the Municipal Committee, Barnala, (a second class Municipality) were held in September. 1956. The ten appellants were elected as members from the nine election-wards into which the town was divided. On 28-12-1956, two of the residents and voters entered on the rolls of the Municipality filed a petition under Art, 226 of the Constitution for a writ, direction or order in the nature of quo warranto challenging the right of the appellants to act as members of the Municipality. The petition was based on the allegation that the election was void and invalid and was vitiated by certain illegalities and irregularities. After the elections, the State of Pepsu, in which the