The power to legislate in regard to an inter-State body corporate is with the Parliament and none of the successor States can interfere with the constitution of such a body.

Mehar Singh, J.

1. This judgment will dispose of two petitions Nos. 2847 and 2399 of 1967 under Articles 226 and 227 of the Constitution. In both the petitions Shiromani Gurdwara Parbandhak Committee, Amritsar, is the petitioner, but in petition No. 2847 of 1967 the second petitioner is Mr. Sajjan Singh Giani. To the two petitions the first three respondents are the same, that is to sav, Mr. Lachhman Singh Gill, Chief Minister, Punjab, the State of Punjab, and Mr. Kartar Singh Giani, who is a member of the Judicial Commission; and in petition No. 2899 of 1967 the fourth respondent is Mr. Sardul Singh, who was appointed a member of the Judicial Commission by Punjab Government Notification No. 462 Gurdwaras, of December 12, 1967.

2. There were three members of the Judicial Commission appointed under Section 70 of the Sikh Gurdwaras Act. 1925 (Punjab Act 8 of 1925) -- hereinafter to be referred to as the Act --, namely, Mr. Sajjan Singh Giani petitioner, who was also its president, Mr. Kartar Singh Giani, respondent 3, and Mr. Bakhat Singh. Two of the three members of the Judicial Commission are selected for appointment out of a list of qualified persons prepared and maintained at the instance of the Board (Sections 70(3) and 71 of the Act). Mr. Kartar Singh Giani was appointed by the Punjab State Government and Mr. Sajjan Singh Giani petitioner and Mr. Bakhat Singh were appointed by the same State Government from the list as prepared at the instance of the Board in the terms of Section 71 of the Act. The appointment of Mr. Sajjan Singh Giant petitioner and Mr. Bakhat Singh as members of the Judicial Commission was made on September 1, 1965.

3. It is averred in the petitions that Mr. Lachhman Singh Gill, the Chief Minister of Punjab, had been elected to the Punjab Vidhan Sabha in the last General Elections held in February 1967 on an Akali ticket and he was also elected General Secretary of petitioner 1 in petition No. 2847 of 1967. He defected from the Akali Party and, joining hands with the Congress Party, formed Government in the Punjab State with himself as the Chief Minister on November 25, 1967. On December 2, 1967, the Shiromani Akali Dal expelled him from its membership and asked him to resign from the Legislative Assembly and also from the membership of petitioner 1 and the position of General Secretary to petitioner 1. On September 3. 1967, respondent 1, Mr. Lachhman Singh Gill, is said to have made a statement to the press, which Is reproduced in the petitions from the Tribune of December 4, 1967, threatening the expulsion of Sant Fateh Singh from petitioner 1 and welcoming any opposition challenge in the Assembly. It Is averred that respondent 1 said that he would forcibly remove Sant Fateh Singh and his followers from petitioner 1. It was in pursuance of such attitude of his that at his instance the Punjab State Government, respondent 2, issued Notification No. 454-Gurdwaras, copy Anne-xure B, on December 6, 1967, removing petitioner 2 in petition No. 2847 of 1967, namely, Mr. Saijan Singh Giani, from the membership of the Judicial Commission with effect from the afternoon ol that date. It appears that Mr. Bakhat Singh had on August 9, 1967, tendered resignation from the membership of the Judicial Commission, and by this very Notification No. 454-Gurdwaras, of December 6, 1967, the Punjab Government accepted his resignation with effect from the afternoon of that date. On Decembei 13, 1967, the two petitioners in petition No. 2847 of 1967 filed that petition questioning the constitutional validity and legality of the removal of petitioner 2 in that petition from the membership of the judicial Commission, pointing out that the grounds on which the removal of petitioner 2 in that petition from the membership of the Judicial Commission was challenged also had application to the acceptance of the resignation of the other member Mr. Bakhat Singh, but Mr. Bakhat Singh has not been made a party to either peti