A candidate belonging to a reserved category is eligible to contest the election for the office of President, irrespective of the seat from which they were elected.

Satish Kumar Mittal, J.

1. The petitioner, who was elected as Municipal Councillor of Municipal Committee, Safidon from Ward No. 6 against the seat reserved for Backward Class (Male), has filed the instant petition challenging the election of respondent No. 6 (Smt. Hem Lata) as President of Municipal Committee, Safidon on the ground that she was not eligible to contest the election of President, Municipal Committee, Safidon, which was reserved for a candidate belonging to Backward Class (Woman).

2. It is the case of the petitioner that in Municipal Committee, Safidon, there are 15 seats of Municipal Councillors, out of which, four seats were reserved for General Women, two for Backward Class (Male), one for Scheduled Caste (Woman), one for Scheduled Caste (Male) and seven seats were kept for General Category. Respondent No. 6, though admittedly a Backward Class Woman, but she was elected as Municipal Councillor from Ward No. 2 against the general seat. Therefore, according to the petitioner, respondent No. 6 was not eligible to contest the election of President of Municipal Committee, Safidon, which was undisputedly reserved for Woman belonging to Backward Class category. Therefore, her election as such is illegal and void. According to the petitioner, in view of the Rule 70(4) of the Haryana Municipal Election Rules, 1978 (hereinafter referred to as `the 1978 Rules), if no candidate from Backward Class (Woman) category is elected, then the office of President shall be filled up from the male member of the said reserved category. Thus, according to the petitioner, he is the only eligible candidate for the office of President because he was elected as Municipal Councillor from the seat reserved for the category of Backward Class (Male).

3. In pursuance of the notice issued, a written statement has been placed on record on behalf of respondents No. 1 to 5. We have heard the learned counsel for the parties.

4. In our opinion, the contention raised by the petitioner is not tenable. Undisputedly, vide Notification dated 27.5.2010 (copy Annexure P-1) issued in terms of sub-section (5) of Section 10 of the Haryana Municipal Act, 1973 (hereinafter referred to as `the Municipal Act) and sub-rule (4) of Rule 70 of the 1978 Rules, the offices of the Presidents of various Municipalities in Haryana were reserved, which were to be filled up from amongst the members of Women belonging to General Category, Scheduled Caste, Backward Classes, as mentioned in Schedule-I, II and III. As per Schedule-II, the office of President of Municipal Committee, Safidon was to be filled up from the member belonging to Backward Classes (Woman). Further, it is also admitted position that respondent No. 6 (Smt. Hem Lata) belongs to Backward Class, though she was elected as Municipal Councillor from Ward No. 2 against the seat meant for General Category. In our opinion, merely because respondent No. 6, though a Backward Class Woman, was elected as member from a general seat, she could not be held to be ineligible to contest the election of President of Municipal Committee, Safidon, which undisputedly is reserved for Backward Class (Woman). This issue is no more in res integra. In Kasambhai F Ghanchi v. Chandubhai D. Rajput and others, 1998(1) R.C.R.(Civil) 211 : 1998(3) S.C.T. 2 : 1998(1) SCC 285, a question came up for consideration before the Supreme Court whether a candidate belonging to Backward Class, who was elected as Municipal Councillor from the General seat, was eligible to contest the election of the office of President of the Municipal Council, which was reserved for Backward Class. It was held that such candidate was eligible to contest the election of President of the Municipality, which was reserved for Backward Class category, in spite of the fact he was elected as Municipal Councillor from a general seat, while making the following observations :-

"The Act and the Rules provide for reservation for Scheduled Castes, Scheduled Tribes, Back