Man Mohan Singh Gujral, J. - (1.) THIS petition under Articles 226 and 227 of the Constitution of India, filed by Vidya Sagar Jain, Municipal Commissioner of Municipal Committee, Jandiala Guru and Jarnail Singh a resident of Jandiala Guru, challenges the co -option of the two women members of the Municipal Committee respondents 5 and 6, made in the meeting of the Municipal Committee held on January, 2 1973.
(2.) THE facts necessary for the decision of this petition are not seriously in dispute and are as follows. Elections to the Municipal Committee, Jandiala Guru, were held somewhere in June, 1972 and under the amended provisions of the Punjab Municipal Act introduced by Punjab Municipal (Amendment) Ordinance, 1972, the Committee was required to co -opt women members in the case no such member was elected at the election. The relevant provisions of sections 12 -B, 12 -D and 12 -E of the Ordinance are as follows : - - 12 -B. If no woman has been elected to a committee, the elected members of the committee shall co -opt in accordance with the provisions of section 12 -D, two women who are otherwise qualified to be elected as member of such committee, and if one woman has been elected, the elected members shall co -opt one such woman. 12 -D. Co -option under sections 12 -A, 12 -B and 12 -C in the case of newly constituted committee shall be made in a meeting of the elected members held for the purpose of administering oath of allegiance to them and in case of any other committee within a period of thirty days from the date of commencement of the Punjab Municipal (Amendment) Ordinance, 1972 : Provided that whenever a vacancy occurs by death, resignation, removal or otherwise of a co -opted member the co -option shall be made within a period of thirty days from the occurrence of the vacancy. 12 -E. In the event of failure to co -opt a member under section 12 -A, 12 -B or 12 -C, as the case may be, in accordance with the provisions of section 12 -D the elected members of the committee shall cease to have the right of co -option of such member and thereupon the State Government may nominate a person who is eligible to be co opted under section 12 -A, 12 -B or 12 -C, as the case may be, to be a member of such committee. No women members having been elected at the election, a meeting of the Committee was held on September 8, 1972, and Smt. Lajwanti and Smt. Balwant Kaur were co opted as members. This co -option was later on challenged through Civil Writ No. 3459 of 1972 in this Court, and was quashed by the order of M.R. Sharma J., dated December 1, 1972. By his order, the Sub -Divisional Officer (Civil), Amritsar was directed to hold a fresh meeting for co -option the women members. A meeting in this connection was held on January 2, 1973 on which respondents 5 and 6 were elected. The only grievance of the petitioners in this case is that as the meeting for the co option of the women members was held more than thirty days after the vacancies had been caused by the order of this Court dated December 1, 1972, the co option was illegal and in was only the State Government which could nominate the members.
(3.) THE petition was contested on behalf of the respondents and in the affidavit of Shri Tara Singh Ghuman, Sub -Divisional Officer (Civil), Amritsar it was pointed out that originally the meeting had been called for December 23 1972 but as he had to officiate for the Deputy Commissioner who was on leave from December 22 to December 25, 1972, it had to be adjourned and was them held one January 2, 1973.;