V.N.Khare, J. - (1.) The Town Area. Committee Nandgaon, district Mathura (hereinafter referred to as Town Area Committee) was established and constituted under the U. P. Town Areas Act (hereinafter referred to as the Act). After the elections were held for constituting the Town Area Committee, the State Government nominated Smt. Vidyawati and one Bhajan Lal as members of the Town Area Committee under the first and second provisos of clause (b) of sub-section (2) of Section 5 of the Act. Subsequently Governor of Uttar Pradesh promulgated an Ordinance known as the Uttar Pradesh Urban Local-Self Government Laws (Amendment) Ordinance, 1990 (U P. Ordinance No. 2 of 1990). This Ordinance came into force with effect from 15th February 1990. By Section 8 of this Ordinance first proviso of sub-section (2) of Section 5 of the Act was substituted by new proviso. Under the substituted proviso the State Government was empowered to nominate, if none or only one of the members elected under Clause (b) is a woman, two women members or one more woman member as the case may be. Section 9 of this Ordinance further added new sub-section (2-A) in Section 6 of the Act. The new sub-section (2-A) in Section 6 provided that the member nominated under Section 5 of the Act shall hold office during the pleasure of the State Government. Subsequently, Ordinance No. 2 of 1990 was repealed by another Ordinance known as the Uttar Pradesh Urban Local Self Government Laws (Second Amendment) Ordinance, 1990 being U. P. Ordinance No. 18 of 1990). This Ordinance as it relates to U. P. Town Area Act, was more or less on the same lines as Ordinance No. 2 of 1990. Subsequently, the U. P. Legislature passed an Act known as the U. P. Urban Local Self Government Laws (Amendment) Act 1990 U. P. Act No. 19 of 1990). This Act came into force with effect from July 24,1990. Sections 10 and 11 of this Act were on the lines of the earlier Ordinance promulgated by the Governor referred to above as it related to the Town Areas Act It is necessary to quote the substituted proviso in under Section 5 of the U. P. Town Area Act and new sub-section (2-A) added in Section 6 of the Act as follows : "10. Amendment of Section 5 of the U. P. Act No. II of 1914 : In Section 5 of the United Provinces Town Areas Act, 1914, hereinafter in this Chapter referred to as the Principal Act, in subsection (2), for the first proviso the following shall be substituted, namely:- Provided that if none or only one of the members elected under Clause (b) is a woman, the State Government may, by notification, nominate two women, or one more moman, as the case may be, so the number of the women members of the Committee is not less than two, and thereupon, the normal composition or the Committee shall stand varied to that extent." 11. Amendment of Section 6. In Section 6 of Principal Act, after sub-section (2), the following sub-section shall be inserted, namely : "(2-A) A member nominated under Section 5 whether before or after February 15, shall hold office during the pleasure of the State Government, but not beyond the term of the Committee."
(2.) The State Government by an order dated 19th April, 1990 in exercise of power under sub-section 12) of Section 5 and sub-section 2-A of Section 6 of the Act as amended by Ordinance No. 8 of 1990, revoked the nominations of Smt. Viddyawati and Bbajan Lal and nominated Smt. Manju petitioner No. 1, Smt. Brij Lata and Sri Mohno petitioner No. 2, as nominated members of the Town Area Committee. It appears from the argument of the learnen counsel for the petitioner that nominated members whose nomination was revoked challenged the order dated 19th April, 1990 by means of a petition under Article 226 of the Constitution. Again the State Government by an order dated 2nd June, 1990 revoked the nominations of the petitioners as well as of Smt. Brij Lata and nominated Smt. Luria and Smt. Sheo Devi and one Bhajan Lal as members of the Town Area Committee under subsection (2) of Section 5 and sub-section 2-A of Section 6 of the Act as amended by Ordinance No. 18 of 1990.
(3.) By means of this petition the petitioners have challenged the order dated June 2, 1990 revoking their nomination as members of the Town Area Committee and further nominating respondents No. 4 and 5 as nominated members of the Town Area Committee. The ground of challenge of the order of the State Government is that sub-section (2-A) of Section 6 of the Act is discriminatory, arbitrary and violative of Article 14 of the Constitution Apart from this ground the learnod counsel has not pressed any other ground to challenge the impugned order passed by the State Government revoking the nomination of the petitioners and nominating fresh persons as members of the Town Area Committee.;