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1982 Supreme(P&H) 333

S.C.MITAL, K.S.TIWANA, S.S.SANDHAWALIA
Jagraj Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

S.S.SANDHAWALIA, J.

1. The self-imposed bar against the exercise of the writ jurisdiction where an efficacious statutory remedy exists, particularly in the election field, is the spinal question in this reference. More pointedly at issue is the discordance of views in Gurtej Singh V/s. Punjab State, AIR 1976 Punj and Har 389, and Harkewal Singh Ramana V/s. Municipal Committee, Faridkot C.W.P. No. 3894 of 1981, decided on 14th September, 1981.

2. The factual matrix is not in dispute and lies in a narrow compass. The two writ petitioners along with fifteen others were elected to the Municipal Committee, Mansa, for a period of five years in municipal elections held in the year 1979. Two women members were co-opted as members of the Committee thereby completing the strength of the Committee which was nineteen. Shri Atma Singh was elected as President of the Society for a period of five years. However, the term of senior Vice-President and junior Vice-President under the election rules is one year only. This was to expire on February 10, 1981. No meeting of the Committee was, however, called by the President for electing persons to the aforesaid two offices. Accordingly responde
























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