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2023 Supreme(HP) 124

VIVEK SINGH THAKUR
Sunita Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ajay Sharma, Senior Advocate, with Mr. Ajay Thakur, Advocate.
For the Respondent:Mr. Hemant Vaid, Additional Advocate General, Mr. Nimish Gupta, Advocate, Mr. Kapil Dev Sood, Senior Advocate, with Mr. Het Ram Thakur, Advocate

JUDGMENT :

Vivek Singh Thakur, J.

In instant petition, petitioner has assailed action of respondents-State, allowing respondent No.5 to contest and thereafter elect her as President of Municipal Council Dehra, District Kangra against the seat reserved for Women (General), on the ground that respondent No.5 Sunita Kumari, for belonging to a Scheduled Caste category, was not eligible to contest and seek election as President/Chairperson, which was reserved for Women belonging to General Category.

2. I have heard Mr. Ajay Sharma, learned Senior Advocate, on behalf of petitioner; Mr. Kapil Dev Sood, Senior Advocate, appearing for respondent No.5 and Mr. Hemant Vaid, learned Additional Advocate General, for respondent-State, and have also gone through the material placed before me.

3. Undisputed facts, in present case, are that for conducting elections for Members/Office-bearers of Municipal Councils and Nagar Panchayats in District Kangra, Deputy Commissioner Kangra issued Order dated 4.9.2020, announcing category-wise reservation of the Wards, whereby Ward No.3 Hanuman Mandir was allocated to General Category, whereas Ward No.6 Shiv Mandir was reserved for women.

4. On 17.12.2020, Governme

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