N.K.KAPOOR, J.

1. The petitioner seeks quashing of resolution No-171 dated 15-9-1994 of Municipal Committee, Guru Har Sahai, vide which no confidence against his Presidentship was passed on the ground that the meeting convened was in gross violation of the provisions of the Act, rules and bye-laws; lack of adequate notice to the members and on account of casting of vote by the M.L.A. who was only an associate member as per S. 12(1)(c) of the Punjab Municipal Act, 1911 (for short the Act) and thus had no right to cast the vote as the Municipal Committee was constituted before coming into enforcement of amending Act 11 of 1994, with a further direction in the nature of mandamus to allow the petitioner to function as President of the Municipal Committee, Guru Har Sahai, and to hand over to him the proceedings book and all other relevant documents.

2. Before examining the various legal submissions made by the learned counsel for the petitioner, it would be appropriate to keep in mind the following brief facts. Municipal Committee, Guru Har Sahai, consisted of 11 elected members, three co-opted members and M.L.A. as its associate member. The petitioner had been elected as Presid