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1976 Supreme(P&H) 74
PUNJAB & HARYANA HIGH COURT
Prem Chand Jain and Ajit Singh JJ.
Gurtej Singh
Versus
State Of Punjab
Civil Writ No. 6486 of 1975,
Decided On : AUGUST 13, 1976
Co-option of members in municipal committees must take place in the first meeting held for administering the oath of allegiance to elected members, as per the statutory provisions and rules governing such co-option.
Headnote:
MUNICIPAL LAW - CO-OPTION OF MEMBERS - TIMING AND PROCEDURE - INTERPRETATION OF STATUTORY PROVISIONS - PUNJAB MUNICIPAL ACT, 1911, SECTIONS 12-D, 12-E - PUNJAB MUNICIPAL ELECTION RULES, 1952, RULE 5 - CO-OPTION MUST TAKE PLACE IN THE FIRST MEETING HELD FOR ADMINISTERING OATH OF ALLEGIANCE TO ELECTED MEMBERS - FAILURE TO DO SO RESULTS IN LOSS OF RIGHT TO CO-OPT AND EMPOWERS STATE GOVERNMENT TO NOMINATE MEMBERS.
Fact of the Case:
Gurtej Singh, an elected member of the Municipal Committee, Giddarbaha, challenged the legality of the Committee's proceedings held on 5.08.1974 and 28.10.1975, which involved administering the oath of allegiance and co-option of members. The petitioner argued that co-option should have taken place in the first meeting along with the oath-taking ceremony, as per statutory provisions.
Finding of the Court:
The court held that co-option of members must take place in the first meeting held for administering the oath of allegiance to elected members, as per Sections 12-D and 12-E of the Punjab Municipal Act, 1911, and Rule 5 of the Punjab Municipal Election Rules, 1952. The court found that the failure to co-opt members in the first meeting resulted in the loss of the right to co-opt by the elected members, and empowered the State Government to nominate members.
Issues: 1. Whether co-option of members can be made in a separate meeting after administering the oath of allegiance to elected members. 2. Whether the failure to co-opt members in the first meeting results in the loss of the right to co-opt by the elected members.
Ratio Decidendi: The court interpreted the statutory provisions and rules governing the co-option of members in municipal committees. It held that the plain reading of the provisions leads to the conclusion that co-option must take place in the first meeting held for administering the oath of allegiance. The court reasoned that the Legislature intended for co-option to be done simultaneously with the oath-taking ceremony, as evident from the language of the provisions and the procedure prescribed in Rule 5.
Final Decision: The court allowed the petition, quashed the proceedings of the Municipal Committee held on 28.10.1975, and declared the co-option made therein to be invalid and ineffective. The court directed that co-option should have been made in the first meeting held for administering the oath of allegiance, and that the failure to do so resulted in the loss of the right to co-opt by the elected members.
PREM CHAND JAIN, J.
1. Gurtej Singh has filed this petition under Arts. 226 and 227 of the Constitution of India for the issuance of an appropriate writ, order or direction quashing the proceedings of the Municipal Committee, Giddarbaha, dated 5.08.1974, and 28.10.1975, (copies Annexures P-2 and P-4 to the petition respectively).
2. The facts of the case as given in the petition may briefly be stated thus:
Elections to the Municipal Committee, Giddarbaha were held in May, 1974, and the petitioner along with twelve other persons was elected as a Member of the Municipal Committee. The Gazette notification declaring the elected persons as members of the Committee was published in the Gazette dated 14th June, 1974. A meeting of the elected members was called by the Sub-Divisional Officer (Civil), Muktsar under the orders of the Deputy Commissioner, Faridkot for administering the oath of allegiance, for 5.08.1974 and, in this respect, a notice was issued to the member, elected. On receipt of the notice, the petitioner submitted an application on 1.08.1974 (Copy Annexure P-1 to the petition) pointing out that the meeting called was illegal and irregular as in the meeting in which oath of allegiance has to be administered to the members, co-option of members is simultaneously to take place; but, no action was taken on this application and the meeting was held on 5.08.1974, in which the oath of allegiance was administered to the members elected. Copy of resolution dated 5.08.1974, evidencing the administering of the oath of allegiance to the members is attached with the petition as Annexure P-2.
3. It is further stated that another notice was received by the petitioner from the Sub-Divisional Officer (Civil), Muktsar saying that another meeting had been called for 28.10.1975, for co-option of the members. In the meeting an objection, which was supported by the petitioner, was raised by Jodh Singh, one of the members of the Committee, to the effect that the meeting held on 5.08.1974, was illegal and the meeting could not legally be held on 28.10.1975, for co-option as administering the oath of allegiance and the co-option had to take place simultaneously in the first meeting called for the purpose of administering the oath. The objection was not decided by the Sub-Divisional Officer (Civil) and the co-option was made in the meeting of 28.10.1975. It is in these circumstances that the present petition has been filed calling in question the legality of the proceedings of the Committee dated 5.08.1974 and 28.10.1975.
4. Separate written statements have been filed on behalf of respondents Nos. 1, 2, 3 and respondents Nos. 4 and 5, in which the material allegations made in the petition have been controverted and the proceedings of the meeting have been sought to be supported as being legal and in order.
5. The petitioner has filed replication in which the stand taken in the petition has been reiterated.
6. Before dealing with the contentions, it would be worthwhile to notice certain relevant statutory provisions.
7. Sections 12-D and 12-E of the Punjab Municipal Act, 1911 (hereinafter referred to as the Act) provide:
"12-D. Manner of co-option - Co-option under Sections 12A, 12-B and 12-C in the case of a newly constituted committee shall be made in a meeting of the elected members held for the purpose of administering oath of allegiance to them and in case of any other committee within a period of thirty days from the date of commencement of the Punjab Municipal (Amendment) Act, 1972: Provided that whenever a vacancy occurs by death, resignation, removal or otherwise of a co-opted member, the co-option shall be made within a period of thirty days from the occurrence of the vacancy.
12-E. Nomination in the event of failure to co-opt. In the event of failure to co-opt a member under Section 12-A, 12-B or 12-C, as the case may be, in accordance with the provisions of Sec.12-D, the elected members of the committee shall cease to have t
