M.R.AGNIHOTRI, J. - (1.) In this Letters Patent Appeal against the judgment of the learned single Judge dated 7th August, 1989, the short point for our determination is as to whether after the expiry of the term of office of elected members of a Municipal Committee under S.13 of the Punjab Municipal Act, 1911, the out going members are bound, by law, to vacate the office or are entitled to continue in office for an indefinite period, that is, till such time the date of the meeting is fixed when the newly elected members, as and when they are so elected, take oath of allegiance. Reported in 1989 Pun LJ 573
(2.) The facts are not in dispute, as admittedly the elected members of the Municipal Committee, Kapurthala, took oath of office on 3rd June, 1983. Though on the expiry of the statutory term of five years the elected members ceased to continue beyond 2nd June, 1988, yet by virtue of the order dated 20th, June, 1988 (Ann. P/2) the State Government "decided that the Committee may continue for the time being to function beyond 3-6-1988 till further orders." This order of extension of term of the elected members was challenged by a voter of the Municipal Committee, Kapurthala, on the ground that after the expiry of the statutory term of office of five years, the State Government had no jurisdiction to extend the term and the elected members ceased to hold office as members of the Municipal Committee forthwith. The learned single Judge allowed the writ petition and quashed the impugned order dated 20th June, 1988 (Ann. P/2).
(3.) Before us in the Letters Patent Appeal filed by Mohinder Kumar Aggarwal, President, Municipal Committee, Kapurthala, it has been vehemently urged by Mr. G.C. Dhuriwala, learned counsel for the appellant that the elected members are entitled to continue as members of the Municipal Committee till such time fresh elections to the Municipal Committed are held and newly elected members are called to take oath in a meeting fixed for that purpose. Section 13 of the Punjab Municipal Act, 1911, as amended from time to time, and in its final form as it stands at present, reads as under :- " 13. Term of office of member.- (1) The term of office of ex officio advisers shall unless, the State Government otherwise directs be conterminous with the term of office by virtue of which they are appointed. (2) Save as otherwise provided under this Act, the term of office of the elected members shall be five years and the State Government shall cause fresh elections to be held and completed before the expiry of the aforesaid term: Provided that - (i) Omitted; (ii) while a proclamation of emergency under clause (1) of Article 352 of the Constitution is in operation, the State Government may extend the aforesaid term for a period not exceeding six months from the date of ceaser of operation of such proclamation; (iii) an out going elected member shall, unless the State Government otherwise directs continue in office until the date fixed for the meeting at which his successor is required to take oath of allegiance. (2-A) The term of office of an associate member shall be conterminous with his term as member of the Legislative Assembly. (2-B) The term of office of a co-opted member shall be conterminous with term of elected member fixed under sub-section (2). (3) All members, who on the date of commencement of the Punjab Municipal (Second Amendment) Act, 1985, have held office for a term exceeding that fixed by sub-section (2), shall on such commencement cease to hold office and the committees, the members whereof cease to hold office as aforesaid shall, notwithstanding anything contained in Section 238, stand superseded on that date and the provisions of sub-section (4) of Section 238 shall, as far as may be, apply to such superession which may, at any time, be revoked by notification by the State Government Provided that the period of supersession shall not exceed two years. (3-A) Omitted. (4) An out going member may, if otherwise qualified, be re-elected or co-opted again. (5) When as the result of any enquiry held under Chapter XIV an order declaring the election of any member void has been notified, such member shall forthwith cease to be a member of the Committee.";