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A. P. SEN, V. BALAKRISHNA ERADI, Y. V. CHANDRACHUD
Atma Singh – Appellant
Versus
State Of Punjab – Respondent
Judgment
SEN, J.:- This appeal by special leave from a judgment of the Punjab and Haryana High Court, raises a question of some complexity. The question is when there is a notification issued under subsection (3) of S. 5 of the Punjab Municipal Act, 1911, for inclusion of certain local areas within the limits of a municipality, 1174 whether it is permissible for the State Government to hold elections in the municipality without delimitation of wards and preparation of fresh electoral rolls. It arises under the following circumstances.
2. In exercise of their powers under sub-sec. (3) of S. 5 of the Punjab Municipal Act, 1911 (hereinafter referred to as the Act), the State Government of Punjab by notification dated August 2. 1976, directed inclusion of certain local areas. The local areas so included are : (1) Moranwali Panchayat Area, (2) GRam Market Area, (3) Guja Peer Basti, (4) Jakhal Road, (5) ITI Area, (6) BDO Block, (7) Tehsil Court Area and (8) Thei Area. The Gram Panchayat, Moranwali challenged the validity of the said notification by a writ petition filed before the High Court. A learned Single Judge granted an ad interim stay staying the operation of the impugned notificati
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