Gurdev Singh, J. - (1.) THIS order will dispose of two Appeals (Nos. 62 and 110 of 1971) under Clause 10 of the Letters Patent, which are directed against the order of the learned Single Judge, dated 27th of October, 1970, whereby he dismissed the Appellants' writ -petitions -under Articles 226 and 227 of the Constitution, assailing the validity of the notifications issued by the State Government extending the provisions of the Punjab Municipal (Executive Officers) Act, 1931 (hereinafter called the Act), to the Municipal Committees of Moga and Abohar, respectively.
(2.) THE Act was enacted to provide for the appointment and powers of the Executive Officers in the Municipal Committees in Punjab, amending some of the provisions of the Punjab Municipal Act, 1911, for that purpose. Though it came into force on the 16th of October, 1931, it was not made applicable to any Municipal Committee in the Punjab, but it was left to the State Government to extend it to any Municipal Committee as is apparent from Sub -section (2) of Section 1, which provides: It may by notification be extended by the State Government to any municipality in Punjab. Section 3 then provides that within three months from the date of such notification issued under Sub -section (2) of Section 1, the Municipal Committee has, by a resolution at a meeting convened for the purpose, to appoint an Executive Officer with the approval of the State Government. If the Committee fails to appoint an Executive Officer within three months from the date of the notification, the State Government is authorised under Sub -section (4) of Section 3 to appoint any person as Executive Officer of the Committee. The powers of the officer so appointed are set out in Section 4 of the Act and for that purpose certain provisions of the Punjab Municipal Act, 1911 detailed in Schedule 2 to the Act shall be deemed to be amended to the extent and the manner stated therein. There is no gainsaying the fact that as a result of appointment of an Executive Officer of the Municipal Committee, the powers and authority of the Committee are affected.
(3.) THE notification extending the Act to the Municipal Committee, Moga, under Sub -section (2) of Section 1 of the Act was issued on the 19th of June, 1969, and simultaneously a direction was issued to its President Sat Dev Appellant to take necessary action for appointment of an Executive Officer under Section 3(1) of the Act within three months. The Committee having resolved not to appoint an Executive Officer the Punjab Government initiated action to appoint an Executive Officer by advertising the post in the Daily Tribune of 25th January, 1970. Thereupon Sat Dev, President of this Municipal Committee, approached this Court under Article 226 of the Constitution, challenging the vires of the Act and validity of the notification issued directing its extension to Municipal Committee, Moga.;