- (1.) The three petitioners, namely, Khan Chand, Panna Lal, Naurata Ram, through this writ petition, have challenged the legality of the notice, dated November 4, 1970 (Annexure P.1 to the writ petition) and the election of Ram Singh as Chairman and Maghar Dass as Vice-Chairman, Market Committee, Thanesar, respondents 3 and 4 respectively on 11th November, 1970, in pursuance thereof.
(2.) The facts which are not in controversy may be stated thus. The State Government under the Punjab Agricultural :Produce Markets Act, 1961 (hereinafter referred to as the 'Act') as amended by Haryana Amendment Act No. 25 of 1970, nominated sixteen non-official members, including the above named three petitioners and respondents 3 and 4 that out of the members so nominated to the Market Committee, Thanesar, its Chairman and Vice Chairman had to be elected in accordance with the Punjab Market Committee Chairman and Vice Chairman (Election) Rules 1961 (hereinafter referred to as the 'Rules') that the Deputy Commissioner, Karnal, in exercise of his powers conferred on him under rule 2(d) of the rules, appointed the Sub-Divisional Officer (Civil) Thanesar, as the Presiding Officer for the purpose of holding elections to the posts of said two functionaries of the Market Committee in question; that the Presiding Officer, under rule 4(1) of the rules, issued a notice of meeting in Form 'A' on 4th November, 1970 to the said members of Market Committee wherein he specified November 11, 1970, as the date for the holding of the meeting for electing the Chairman and the Vice-Chairman for the said Market Committee (Annexure P.1 is a copy of the said notice) and that the Chairman and Vice-Chairman of the said Market Committee were elected unopposed in the meeting held on November 11, 1970.
(3.) Further facts alleged in the petition which have been controverted by the respondents in their returns are that the petitioner No. 2 received the notice of the meeting in question on 6th November, 1970 and the envelope wherein the said notice was enclosed, which bears the postal stamp of 6th November, 1970, has been annexed to the writ petition as Annexure P.2, that petitioners 1 and 3 received similar notices on 5th November, 1970 and the envelope in which the said notices were contained have been attached with the writ petition as Annexures P. 3 and P.4, that on 11th November, 1970 the date on which the members were called in a meeting to elect the said two functionaries of the Market Committee, Thanesar, the petitioners raised an objection before the Presiding Officer that the meeting was illegal, as no valid notice was served upon the members, because for a valid notice the provisions of rule 4(2) of the rules have to be complied with which require clear seven days' notice, while in the present case, the notice fell short of the requisite period by one day; that the Presiding Officer overruled the objection by saying that the notice was a legal notice, as both the dates, that is, the date on which the notice was sent and the date on which the meeting was to take place, had to be counted, and in spite of the request of the petitioners he declined to pass a speaking order to that effect; that the petitioners, as also some other members, walked out of the said meeting on 11th November, 1970, but respondent No. 1 continued the meeting.;