ATMA SINGH & ORS. versus STATE OF PUNJAB & ORS.

ATMA SINGH & ORS. versus STATE OF PUNJAB & ORS.

Given the stay order against operation of the notification including new local areas within municipal limits, the State Government had no option but to conduct elections on the basis of pre-existing municipal wards and limits, as required by the amended proviso to section 13(3) of the Punjab Municipal Act. Elections held were valid and cannot be invalidated by subsequent lifting of the stay.

Parties
Appellants: Atma Singh & Ors.; Respondents: State of Punjab & Ors.; Respondents: Other appearing Respondents
Jurisdiction
India
Judgment Date
02 April 1981
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 20th July 1979 of the Punjab and Haryana High Court in Civil Writ Petition No. 2135/79
Outcome
Appeal dismissed
Legal Topics
Municipal Elections, Delimitation of Wards, Electoral Rolls, Representation After Extension of Municipal Limits
Election Law Municipal Law Administrative Law Municipal Elections Delimitation of Wards Electoral Rolls Representation After Extension of Municipal Limits

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Parties

Atma Singh & Ors.

Appellants

State of Punjab & Ors.

Respondents

Other appearing Respondents

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 20th July 1979 of the Punjab and Haryana High Court in Civil Writ Petition No. 2135/79

Legal Issues

  1. 1 Whether the State Government can hold elections in a municipality without delimitation of wards and preparation of fresh electoral rolls when there is a notification for inclusion of certain local areas within municipal limits under the Punjab Municipal Act, 1911

Ratio Decidendi

Given the stay order against operation of the notification including new local areas within municipal limits, the State Government had no option but to conduct elections on the basis of pre-existing municipal wards and limits, as required by the amended proviso to section 13(3) of the Punjab Municipal Act. Elections held were valid and cannot be invalidated by subsequent lifting of the stay.

Court Disposition

Appeal dismissed

Orders

  • Local areas included by notification under section 5(3) should be formed into ward(s) and given representation under section 5(5) of the Act.
  • Councillors so elected from such local areas shall serve co-terminus with the already elected councillors from existing wards.