The Government's power to approve or disapprove the election of a President of a Municipal Committee under section 20(1) of the Punjab Municipal Act, 1911, is not arbitrary. The Government must exercise this power in a reasonable and honest manner, keeping in view the public interest.

I.S.Tiwana, J.

1. The short but somewhat significant question raised in this petition under Article 226 of the Constitution of India, relates to the scope of the Governments power under section 20(1) of the Punjab Municipal Act, 1911 (for short, the Act) to approve or not to approve the election of a member as President of the Municipal Committee. The following facts which are otherwise not in dispute clearly bring but the contours of the controversy raised in this petition.

2. The petitioner was elected as a member of the Municipal Committee, Abohar - a Class I Committee - in the year 1979. Later on August 7, 1979, he was unanimously elected as President of the Committee. Vide notification dated June 10, 1983, he was removed from the office of the President and membership of the Committee with a further disqualification for five years from contesting the election to the same. One of the charges found established against him was that he had leased out a piece of land measuring 40 `200 for a period of ninety-nine years to the Bhartiya Janta Party to which party he admittedly belonged and this amounted to misuse of Power on his part even though the matter had later been placed before the Committee and had been approved by it. The petitioner impugned the above noted notification in Civil Writ Petition No. 2853 of 1983 and the Division Bench while partly allowing the same on December 19, 1983, concluded the matter thus :-

"The result of the discussion is that writ petition succeeds partly to the extent that while part of the impugned order (Annexure P-5) removing the petitioner from the office of the President is upheld, his removal from the membership of the Municipal Committee is quashed, so also the penalty of disqualification to be a member of the Committee for a period of 5 years."

Thereafter on December 24, 1983, in a meeting convened by the Executive Officer of the Municipal Committee to hold fresh election to the office of the President of the Committee, the petitioner was again unanimously elected as President of the said Committee. The result was communicated by the Executive Officer to the Director, Local Government, Punjab, Chandigarh, on December 26, 1983, for purposes of approval by the State Government and publication in the official gazette, to meet the requirements of section 20(1) and 24 of the Act. Since the Government failed to take immediate action on this communication, the petitioner made a representation to the Secretary Local Government Department, Punjab, on January 5, 1984, to grant approval to his election as President of the Municipal Committee, but the Secretary appears to have remained unconcerned. Sensing that the Government may not approve and notify his election as President of the Committee, he filed Civil Writ No. 590 of 1984 in this Court seeking a writ of mandamus to the respondents to notify his name as President of the Committee. When this petition came before us for motion hearing on February 13, 1984, Mr. Sandhu, Additional Advocate General, Punjab, made the following statement :-

"Mr. Sandhu states at the bar that a final decision with regard to notification of the name of the petitioner as President would be taken by Government on or before 23rd February, 1984. In case the Government decides not to notify the name, then reasons would be recorded in the order and the same shall be conveyed to the petitioner to enable him to challenge its legality in the Court of law. However, if no decision is taken by the Government by 23rd February, 1984,then the election of the petitioner as President shall be notified forthwith".

We disposed of the petition in terms of the above noted undertaking of the State counsel. On February, 22, 1984 the State Government passed the following order (Annexure p.4) which is now impugned in this petition :-

"The matter regarding approval of Shri Sohan Lal Ahuja as President, Municipal Committee, Abohar has been considered in all details and the Government is