# RAM DIAL AND OTHERS v. THE STATE OF PUNJAB With connected Writ Petition

- **Citation:** [1965] 2 S.C.R. 858
- **Court:** Supreme Court of India
- **Decided:** 1965-02-03
- **Case number:** Civil Appeals Nos. 300B 302 of 1964
- **Bench:** K. N. Wanchoo, M. Hidayatullah, J.C. Shah, J. R. Mudholkar, S. M. S!Kri
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/ram-dial-and-others-v-the-state-of-punjab-with-connected-writ-petition-3357
- **Pages:** 10

## Headnote

A
B
Punjab Municipalities Act (Ill of 1911), s. 14(e)-Power l>f. Government to remove member in public interest_;_No provision for haring--
Similar power under •· 16(1) subject to hearing-Whether •· 14(e)
C
violative of Art. 14-.r. 14 giving power to Government to determine what
it deemed to be in 'public interest'-Power whether unconstitutionaL
The appellants, who bad been elected members of the Mnnidpal
Committee, Batala, challenged the Notification issued under s. 14(e) <A
the Punjab Municipalities Act (III of 1911) directing their -ai and
disqualifying them from election for '3 period of one year. It was contended on their behalf that there were two provisions in the Act, I.e. L 14(e)
D
and s. 16(1) clauses (a) to (g) under which a member could be removed
in the public interest;
and whereas action could only be taken under
s. 16(1) after notice and an opponunity for a bearing to the member concerned there was no such requirement in the case of s. 14(e). This section was therefore hit by Article 14 and consequently the Notillcaliom
were invalid.
HELD: (per Wanchoo, Hidayatullab, Shah and Sikri, JJ.)
H the
E
State Government intended to remove a person for any of the reasons
given under s. 16(1) cuases (a) to (g)-it could take action under
s. 14(e) and thus circumvent the provision ins. 16(1) for a bearing. The
relevant pan of s. 14(e) entirely covered s. 16(1) but was more drastic.
It was therefore obviously discriminatory and violative of Art 14 of the
Constitution. [863 C-E]
Shri Radeshayam Khare v. The State of Madhya Pradesh [1959]
S.C.R. 1440, distinguished.
F
No assistance could be derived by the respondent State from the~
that under the proviso to s. 24(3), the State Government bad power to
refuse to notify the election of a person elected ou any of the grounds mentioned in s. 16( I) and there was no provision in this connection for notice
and hearing of the person elected. Apan from the question of the constitutionality of this provision, there wa~ no connection between the ~
viso to s. 24(3) and the provision contained in s. 14(e). The proviso to
G
s. 24(3) was complete in itself and dealt with a situation where the State
Government refused to notify the election of a person who bad been
elected. Section 14(e) on the other hand provided for the vacation of the
seat of a member after he bad taken the oath of office. Therefore the
constitutionality or otherwise of s. 14 ( e) would depend upon its 'contrast
with s. 16( l) which also provided for the removal of a member. [864
A-CJ
Per Mudholkar, J.-The power conferred by s. 14 upon the State
H
Government to require that the seat of any member shall be. vacated "f«
any reason which it may. deem to affect the public interest" is wli1 ...
tional. The expression 'public interest' Is of wide import and what would
•
RAM DIAL v. STATE (Wanchoo, /.)
859
A
be a matter which is in the public interest would necessarily depend upon
the time and place and ci::cum tances with reterence to which the consideration of the question arises. But it is not a vague or indefinite ground_
There is no guidance in the Act for determining \vhat matters, though not
in public inte:est may yet be capable of being deemed to affect the public
interest. [866 E-G; 867 A-CJ

## Text

RAM DIAL AND OTHERS
v.
THE STATE OF PUNJAB
With connected Writ Petition
February 3, 1965
[K. N. WANCHOO, M. HIDAYATULLAH, J.C. SHAH,
J. R. MUDHOLKAR AND S. M. S!KRI, JJ.]
A
B
Punjab Municipalities Act (Ill of 1911), s. 14(e)-Power l>f. Government to remove member in public interest_;_No provision for haring--
Similar power under •· 16(1) subject to hearing-Whether •· 14(e)
C
violative of Art. 14-.r. 14 giving power to Government to determine what
it deemed to be in 'public interest'-Power whether unconstitutionaL
The appellants, who bad been elected members of the Mnnidpal
Committee, Batala, challenged the Notification issued under s. 14(e) <A
the Punjab Municipalities Act (III of 1911) directing their -ai and
disqualifying them from election for '3 period of one year. It was contended on their behalf that there were two provisions in the Act, I.e. L 14(e)
D
and s. 16(1) clauses (a) to (g) under which a member could be removed
in the public interest;
and whereas action could only be taken under
s. 16(1) after notice and an opponunity for a bearing to the member concerned there was no such requirement in the case of s. 14(e). This section was therefore hit by Article 14 and consequently the Notillcaliom
were invalid.
HELD: (per Wanchoo, Hidayatullab, Shah and Sikri, JJ.)
H the
E
State Government intended to remove a person for any of the reasons
given under s. 16(1) cuases (a) to (g)-it could take action under
s. 14(e) and thus circumvent the provision ins. 16(1) for a bearing. The
relevant pan of s. 14(e) entirely covered s. 16(1) but was more drastic.
It was therefore obviously discriminatory and violative of Art 14 of the
Constitution. [863 C-E]
Shri Radeshayam Khare v. The State of Madhya Pradesh [1959]
S.C.R. 1440, distinguished.
F
No assistance could be derived by the respondent State from the~
that under the proviso to s. 24(3), the State Government bad power to
refuse to notify the election of a person elected ou any of the grounds mentioned in s. 16( I) and there was no provision in this connection for notice
and hearing of the person elected. Apan from the question of the constitutionality of this provision, there wa~ no connection between the ~
viso to s. 24(3) and the provision contained in s. 14(e). The proviso to
G
s. 24(3) was complete in itself and dealt with a situation where the State
Government refused to notify the election of a person who bad been
elected. Section 14(e) on the other hand provided for the vacation of the
seat of a member after he bad taken the oath of office. Therefore the
constitutionality or otherwise of s. 14 ( e) would depend upon its 'contrast
with s. 16( l) which also provided for the removal of a member. [864
A-CJ
Per Mudholkar, J.-The power conferred by s. 14 upon the State
H
Government to require that the seat of any member shall be. vacated "f«
any reason which it may. deem to affect the public interest" is wli1 ...
tional. The expression 'public interest' Is of wide import and what would
•
RAM DIAL v. STATE (Wanchoo, /.)
859
A
be a matter which is in the public interest would necessarily depend upon
the time and place and ci::cum tances with reterence to which the consideration of the question arises. But it is not a vague or indefinite ground_
There is no guidance in the Act for determining \vhat matters, though not
in public inte:est may yet be capable of being deemed to affect the public
interest. [866 E-G; 867 A-CJ
CIVIL APPELLATE JURISDICTION: Civil Appeals Nos.
300B
302 of 1964.
Appeals from the judgment and order dated March 16, 1962,
of the Punjab High Court in Civil Writ Nos. 1194 to 1198 of
1961.
WITH
C
Writ Petition No. 126 of 1964.
Under Art. 32 of the Constitution of India for enforcement of
the fundamental rights.
N. C. Chatterjee, V. S. Sawhney, S. S. Khanduja, S. K. Manchanda, B. R. Kohli and Ganpat Rai, for the appellants (in all
D
the appeals) the petitioner (in the Writ Petition).
/. N. Kaushal, Advocate-General for the State of Punjab,
B. K. Khanna and R. N. Sachthey, for the respondent (in all the
appeal> and the writ petition).
The Judgment of WANCHOO, HIDAYATULLAH, SHAH and SIKRI
E JJ. was de1ivered by WANCHOO, J. MUDHOLKAR J. gave an independent judgment.
Wanchoo, J.
These three appeals are against the judgment
of the Punjab High Court on certificates granted by that Court.
The writ petition has been filed by Uma Shankar appellant in this
F
Court and raises the same question as in the ap"eals, namely,
whether s. 14(e) of the Punjab Municipalities Act, No. III of
1911 (hereinafter referred to as the Act) i0• unconstitutional inasmuch as it violates Art. 14 of the Constitution. The appeals and
the writ petition will therefore be dealt with together.
We may
add that we are not concerned in these appeals with s 14 (a) and
G
(b) and that part of s. 14 (e) which provides for recall at the
request of the majority of the electors, and express no opinion in
that behalf.
The question arises in this way. The appellants were elected
to the l\1unicipal Committee, Batala in elections held on January
H
22. 1961. The result of the elections was notified in the Punjab
Goverrunent Gazette on February 27, 1961. The new members
took oath on March 16, 1961 and ''egan functioning from that
date.
On August 4, 1961, notifications dated July 26,
1961
860
SUPREME COURT REPORTS
[1965] 2 S.C.R.
were issued in which it was stated that the Governor of Punjab for A
reasons of public interest was pleased to direct that the seats of
the three appellants shall be vacated from the date of the publication of the notifications in the State Gazette and to direct further
that under sub-s. ( 3) of s. 16 of the Act, the three appellants
mall be disqualified for election for a period of one :'ear from
the date specified.
No notice was issued to the appeilants to B
show cause why their seats be not vacated and no hearing was
given to them before the action in question was taken by the
Governor of Punjab.
The appellants' case was that after the
notifications vacating their seats and disqualifying them had been
issued, theY. came to know that these notifications had been issued C
on the basis of a resolution passed by the out-going municipal
committee on March 13, 1961 to the effect that the appellants
had taken part in a demonstration on March 10, 1961 and had
broken some glass panes of the municipal building. The appellants' further case was that the outgoing municipal committee had
been dominated by members belonging to the Congress Party; D
but these members had mostly been defeated in the fresh elections
held on January 22, 1961 and it was in consequence that the
resolution was passed mala fide by these persons in order to harm
the appellants. A number of grounds were taken in the petitions
filed before the High Court challenging the order of the Governor
of Punjab. Now however we are only concerned with· one ground, E
namely, that the provision contained in s. 14(e) was discriminatory and hit by Art. 14 of the Constitution. It appears however
that this ground was not urged before the High Court and that is
why the writ petition has been filed in this Court specifically
raising this point again, and thus in the present appeals and the
writ petition we are only concerned with the question whether F
s. 14 ( e) of the· Act is bad as it violates Art. 14 of the Constitution.
We are of opinion that the appeals must succeed on this point.
It is necessarv in this connection to refer to s. 14(e), s. 16 and
s. 24 ( 3) of the Act.
The relevant part of section 14 ( e) with G
which we are concerned provides that notwithstanding anything
in the foregoing sections of Chapter· III, which deals with constitution of committees, appointment and election of members, term
of office of members of municipal committees, the State Government may, at any time, for any reason which it may deem to
affect the public interest, by notification, direct that the seat, of
H
any specified member, whether elect~d or appointed, shall
be
vacated on a given date, and in such case, such seat shall be
RAM DIAL v. STATE (Wanchoo, /.)
861
A vacated accordingly, notwithstanding anything in the Act or in
the rules made thereunder. Further sub-s. ( 3) of s. 16 provides
that "~ person whose seat has been vacated under the provisions
of sec~on 14 ( e) may be disqualified for election for a period not
exceedmg five years." There is no provision for giving notice to
B a member against whom action is taken under s. 14 ( e) and he is
not entitled to any hearing before action is taken against him.
Further action can be taken against a member for any reason
which the State Government may deem to affect
the public
interest.
Section 16 is another provision which gives power to
the
C State Government to remove any member of a municipal committee. This power is exercised for reasons given in cl. (a) to
cl. (g) of s. 16 (1). The proviso to s. 16 (1) lays down that
"before the State Government notifies the removal of a member
under this section, the reasons for his proposed removal shall be
D communicated to the member concerned, and he shall be given
an opportunity of tendering an explanation
in writing."
The
proviso therefore requires a hearing before the State Government takes action under s. 16 (l). Sub-section (2) of s. 16
provides for disqualification and says inter alia that any person
removed under s. 16 (l) shall be disqualified for election for a
E period not exceeding five years. There is a slight difference here
inasmuch as under this provision there must be disqualification
for some period not exceeding five years, though if a member's
seat is vacated under s. 14 ( e) the disqualification is entirely in
the discretion of the State Government and is not imperative.
That however has no effect on. the question whether the relevant
F
part of s. 14 (e) is unconstitutional as it is hit by Art. 14.
Reference may now be made to s. 24 on which reliance has
been placed en behalf of tl1e State.
Section 24 ( 1) inter alia
prescribes the oath before a member can begin to function.
Section 24 ( 2) lays down inter aiia that if a person omits or
G refuses to take the oath as provided in sub-s. ( 1) within. three
monilis of the date of the notification of his election or within
such further
period as the State Government may consider
reasonable, his election becomes invalid.
Sub-section ( 3)
of
11. 24 provides inter alia that where the election becomes invalid
under sub-s. (2), a fresh election shall be held.
The proviso to
H
sub-s. (3) on which stress has been laid on behalf of the State
· 1ays down inter alia that the State Government may refuse to
notify the election as member of any person who could be
162
SUPJlBMB COURT RBPORTS
(1965] 2 S.C.R
removed from office by the State Government under any of the
A
provisions of s. 16 or of any person whom the State Government
for any reason which it may deem to affect the public interests
may consider to be unfitted to be a member of the committee, and
upon such refusal the election of such person shall be void.
The argument on behalf of the appellants is that s. 16 which B
gives power to the State Government to remove a member provides that before that power can be exercised, reasons for
the
removal have to be communicated to the member concerned and
he is to be given an opportunity of tendering his explanation in
. writing. So it is urged that before action can be taken to remove
a member under s. 16, the proviso thereof requires that the mem- c
ber concerned is to be given a hearing as provided therein: The
argument proceeds that the relevant part of s. 14 ( e) also provides in effect for the removal of a member though it actually
says that the seat shall be vacated and that this removal has to
be for any reason which in the opinion of the State Government
affects the public interest. It is urged that whens. 16( I) provides
D
for removal for reasons given in els. (a) to (g), that removal also
is in the public intere·•t.
Therefore there are two provisions in
the Act for removal of a member in the pub!ic·interest, one contained in s. 14( e) and the other in s. 16. Where the Stnte Government takes action under s. 16 ( 1), it has to give a hearing in
terms of the proviso thereof to the member concerned, but if for
exactly the same reason the State Government chooses to take
action under s. 14(e) it need not give any opportunity to the
member to show cause why he <hould not be removed. Further
E
it is submitted that though s. 14 ( e) may be said to be wider inasmuch as els. (a) to ( g) may in a conceivable case not comF
pletely cover all that may be
included in the term "public
interests", the removal for reasons given in els. (a) to (g)
in
s. 16(1) is in public interest and therefore what is contained in
s. 16 (I ) is certainly all covered by s. 14 ( e). In consequence
there are two provisions in the Act for removing a member, one
contained in s. 16 where the State Government cannot remove
the member 'without giving him a hearing in the manner provided
in the proviso, and the other in s. 14 ( e) where no hearing is to
be given and the member is not even called upon to show cause.
Finally it is urged that it depends entirely on the State Government to use its powers either under s. 14(e) or under s. 16(1),
where the two overlap and therefore there is clear discrimination,
as the provision in s. 14 ( e) is more drastic and does not even
'provide for hearing the member concerned.
G
H
llAM DIAL v. STATE (WlilllChOO, /,)
863'
A
We arc of opinion that these contentions on behalf of the
appellants are correct. There is no doubt that the removal contemplated in s. 16(1) for reasons in els. (a) to (g) thereof, as
their content shows, is in the public interest and the proviso to
s. 16 ( 1 ) provides for a hearing in the manner indicated therein.
On the other hand s. 14 ( e) which also provides for removal in
B the public interest makes no provision for hearing the member to
be removed. . Even if s. 14 ( e) is wider than ~. 16 (1 ) , there is
no doubt that all the reasons given in els. (a) to (g) are in the
public interest and therefore even if the State Government intends
to remove a person for any reasons given in els. (a) to (g) it can
C take action under· s. 14 ( e) and thus circumvent the provisions
contained 4' the proviso to s. 16 ( 1) for hearing. Thus there is
llP doubt thats. 14(e) which entirely covers s. 16(1) is more
drastic than s. 16(1) and unlikes. 16(1) makes no provision for
even calling upon the member concerned to explain.
In this
view of the matter it is clear that for the same reasons the State
D Government may take action under s. 16 (1) in which case it
will have to give notice to the member concerned and take his
explanation as provided in the proviso to s. 16 (I ) ; on the other
hand it may choose to take action under s. 14 ( e) in which case
it need not give any notice to the member and ask for an explanation from him.
This is obviously discriminatory and therefore
:S
this part of s. 14(e) must be struck down as it is hit by Art. 14 of
the Constitution.
Reliance in this connection is placed on behalf of the State
on the proviso to s. 24(3). Section 24(1) to (3) inter alia
provides for what happens where a member omits or refuses to
I' take oath as provided therein. Then comes the proviso to s. 24
(3), which gives power to the State Government to refuse to
notify the election of a ·person elected on any of the grounds
mentioned in s. 16(1). It is not necessary for us to decide
whether the State Government can take action under this proviso
read with s. 16 (I) without giving notice as provided in the
G proviso to s. 16 (1). That question may have to be decided in
a case where the State Government takes· action under this part
of the proviso to s. 24(3) without giving notice to the person
concerned under the proviso to s. 16 (1) and without giving him
any opportunity of hearing as provided therein. The provi"o to
s. 24 ( 3) further provides that the State Government may refuse
H to notify the name of any person elected if in its opinion he is
unfit to be a member of a municipal committee on ground ot
public interest. It is urged that there.is no provision in this cori-
864
SUPll.B'MB COURT 11.BPORTS
(1965] 2 S.C.11.
nection for
notice and hearing of the person elected.
That A
seems to be so, but again the question may arise in a proper case
whether this provision would be constitutional. We see no connection between the proviso to s. 24 ( 3) and the provision
contained in s. 14(e). The proviso to s. 24(3) is completll in
itself and deals with a situation where the State
Govemme11.t
refuses to notify the election of a person who has been elected.
B
Section 14(e) on the other hand provides for vacation of the seat
of a member after he has taken the oath of office. Therefore the
constitutionality or otherwise of s. 14 ( e) will depend upon its
contrast with s. 16 ( 1) which also provides for removal of a
ruember.
As we have already indicated on comparing the two C
provisions both of which provide for removal of a member in
public interest we find that the provision contained in s. 14(e)
as compared to the provision in s. 16(1) is more drastic and
arbitrary and denies the member concerned an opportunity being
heard as provided in s. 16(1) by the proviso thereof. Consequently we are of opinion that this part of s. 14(e) is discrimina· D
tory and must be struck down as unconstitutional under Art. 14 of
the Constitution.
In this connection our attention is drawn to Shri Radeshyam
Khare v. The State of Madhya Pradesh(') on which reliance is
placed on behalf of the State. In that case this Court was con· E
cemed with ss. 53A and 57 of the C.P. and Berar Municipalities
·Act which to a certain extent were held to overlap. The argument under Art. 14 did not really arise in that case because the
two provisions dealt with two different situations. Under s. 57
the State Government had the power to dissolve a
committee
after giving it a reasonable opportunity to furnish its explanation. r
. Under s. 53A the committee was not dissolved, but the State
Government had the power to appoint an executive officer and
confer upon him such powers of the committee, its president,
vice-president or secretary as it thought fit, though the reason for
taking action under s. 53A (I) apparently overlapped the reasons
for di•solving a committee ·under s. 57 (1).
Because of
this G
difference in the scope of the two provisions contained in ss. 53A
and 57, there could be no question of application of Art. 14 to
that case.
In the present case, however, s. 16(1) which deals with
removal of a member for reasons given in els. (a) to (g) is comH
pletely covered by s. 14(e) which deals with vacation·of a SC!lt
(!) (1959] s. c. 11. 1440.
RAM DIAL v. STATE (Wanchoo, J.)
MS
A in the public interest, and it is open to the State Government
either to proceed under one provision or the other for exactly the
same reasons.
One of the provisions provides for notice
and
hearing while the other does not and is therefore more drastic and
arbitrary. In these circumstances there is in our opinion a clear
discrimination in view of Art. 14 and the State Government canB not take advantage of the decision in Shri Radeshyam Khare's
case(').
We therefore allow the appeals as well as the writ petition
and declaring s. 14{ e) insofar as it gives power to the State
Government to vacate a seat on the ground of public interest to
C be unconstitutional, set aside the notifications vacating the seats
of the appellants.
The direction as to disqualification therefore
also fails.
The appellants will get their costs from the State
throughout. One set of hearing fee. No costs in the writ petition.
Mudholkar, 1. I have read the judgment prepared by my
D brother Wanchoo and while I agree with him that the appeals
must be allowed 1 would prefer to give my own reasons for that
conclusion.
The appellants in these three appeals were elected to
the
Municipal Committee, Batala in the elections held on January 22,
E
1961. On August 4, 1961, that is, after these persons started
functioning as members of the Municipal Committee the Government of Punjab issued a notification under s. 14, cl. ( e) of the
Punjab Municipalities Act, 1911 in which it was stated that the
Governor of Punjab for reasons of public interest was pleased to
direct that the seats of these appellants shall be vacated from the
F date of publication of the notification and further stated
that
they would be disqualified for election for a period of one year
from the date specified.
This notification is challenged by the
appellants on the ground that the provisions contained in s. 14 ( e)
of the Act under which it was issued being discriminatory were
G rendered void by Art. 14 of the Constitution
Section 14 of the Act as it now stands runs thus :
"Notwithstanding anything in the foregoing sections
of this chapter, the State Government may at any time
for any reaSOI\ which it may deem to affect the public
H
intere1ts, or at the request of a majority of the electors,
by notification, direct-
(!) [19S9J S. C. R. 1440.
866
SUPREME COURT REPORTS
[1965] 2 S.C.R.
(a) that the number of seats on any committee shall
A
be increased or reduced;
(b) that any places on a committee which are required to be filled by election shall be filled by
appointment, if a sufficient number of members
has not been elected;
B
(e) that the seat, of any specified member, whether
elected or appointed, shall be vacated on a given
date, and in such case, such seat shall be vacated accordingly, notwithstanding
anything
in
C
this Act or in the rules made thereunder."
It would be clear from a perusal of the above provision that
powers conferred by s. 14 can be exercised by the State Government (i) for any reason which it may deem fit to affect the public
interest or (ii) at the request of the majority of the electors. We D
are not concerned in this case with the second circumstance and,
therefore, it is unnecessary to consider whether that part of s. 14
which enables the State Government to take action at the request
•
of a majority of electors is valid or not.
Similarly we are not
concerned in these appeals with t!J.e powers exercisable by the
State Government under els. (a) and (b). All that arises for
E
consideration before us is whether the conferral of power upon
the State Government to require that the seat of any specified
member of the Committee shall be vacated "for any reason which
it may deem to affect the public interest" is valid. The expression
"public interest" is of wide import and what would be a matter F
which is in the public interest would necessarily depend upon the
time and place and circumstances with reference to which the
consideration of the question arises. But it is not a vague or indefinite ground, though the Act does not define what matters
would be regarded as being in the public interest. It would 0eem
that all grounds set out in s. 16, which confers upon the State G
Government the power to remove any member of a Committee
and sets out a number of grounds uoon which this could b~ done,
would be in the public interest. Section 14, however, apart from
the fact that the power it confers upon the State Government is
not limited to matters set out under s. 16. conf~rs u,.,on the Government the power to determine not merely what is in the nublic H
interest but also what "for any reason which it may deem to
affect th.e public interest." This would suggest that the power so
RAM DIAL v. STATE (Wanchoo, J.)
867
A conferred would extend to matters which may not be in the public
interest. For, that would be the effect of introducing the fiction
created by the words "for any reason which it may deem". There
is no guidance in the Act for determining what matters, though
not in public interest, may yet be capable of being deemed to be
in the public interest by the State Government. In the circumB stances it must be held that the power which conferred upon the
State Government being unguided is unconstitutional.
For this
reason I hold that s. 14 in so far as it confers power on the State
Government to require a seat of a member of a committee to be
vacated for any reason which it may deem to affect public interest
c
as violative of Art. 14 of the Constitution and, therefore, unconstitutional. In the result each of the appeals is allowed with costs
and I accordingly do so.
Appeals allowed.