The government's power to nominate members to Municipal Committees under Section 9(3) of the Haryana Municipal Act, 1973, is not absolute but is subject to the condition that the nominees possess special knowledge or experience in municipal administration.

G.S.Singhvi, J.

1. Both these petitions involve a challenge to the nomination of the private respondents to the Municipal Committee, Burai, Tehsil Jagadhari, District Yamuna Nagar, and the Municipal Committee, Punhana District Gurgaon under Section 9(3) of the Haryana Municipal Act, 1973 (for short, the Act). The petitioner have prayed to quash the nomination of respondents 3 to 5 (in C.W.P. No. 6226 of 1995) and of respondent No. 3 in C.W.P. No. 3874 of 1985.

2. C.W.P. No. 6226 of 1995 has been filed by Suresh Kumar and Nur Moham mad who are residents and voters of Municipal Committee, Buria, Tehsil Jagad hari, District Yamuna Nagar. Election to Municipal Committee, Buria were held o 28.1.1994 and in all eleven persons were declared elected as Municipal Commissioner. Four of them are women Candidates and seven are male candidates be longing to general categories selection from ward No. 2 but was defeated by one Shri Asgar Ali. After about two months of his defeat in the election, respondent No. 3 came to be nominated as member of the Municipal Committee vide Government Notification No. 20.2.1995 issued in the purported exercise of powers vesting in the Government under Section 9(3) of the Act. The petitioners have challenged the nomination of respondent No. 3 as well as that of respondents 4 and 5 on the ground that neither of them possessed any special knowledge or experience in municipal administration. According to the petitioners, respondent No. 3, is only primary pass and possesses some knowledge of urdu and Hindi languages. Respondents 4 and 5 are also stated to have passed only 6th standard and to do possess any special knowledge or experience in the municipal administration and thus, none of them could have been nominated by the Government under Section 9(3) of the Act.

3. The writ petition has been opposed by respondents No. 1 and 2 as well as respondents 3 to 5. In their reply respondents No. 1 and 2 have pleaded that Section 9(3) of the Act has been added to the Act vide Haryana Municipal Amendment Act, 1994, and in view of this provision, the Government is empowered to nominate members to the Municipal Committees. According to the respondents, these members do not have any right to vote in the proceedings of the Municipal Committee and, therefore, the petitioners have no locus standi to challenge their nomination. In paragraph 4 of the reply, it has been stated that all the three nominated members (respondents 3 to 5) has contested the Municipal Elections and as such they had possessed special knowledge and experience of the municipal administration.

4. In their reply, respondents 3 to 5 have also questioned the locus standi of the petitioners. They have pleaded that there is no bar against the nomination of a person who has been defeated in the municipal election. According to the respondents, the Government has got absolute power to nominate members under Section 9(3) of the Act and there is no constitutional infirmity in the impugned notification.

5. C.W.P. No. 3874 of 1995 has been filed by Om Parkash who is a resident of Municipal Committee, Punhana. In all eleven persons were elected to this Municipal Committee, in the elections held in December, 1994. Respondent No. 3 contested the election but she was defeated. She has also been nominated to the Municipal Committee vide notification dated 20.2.1995. The grounds of challenge to the nomination of respondent No. 3 are identical to the grounds set out in C.W.P. No. 6226 of 1995 and reply filed by the respondents is also on the same lines. Therefore, the detailed reference to the grounds raised in this petition and the reply is not necessary.

6. The only point on which arguments have been advanced by the counsel for the parties and which calls for determination by the Court has two facts; first is whether the Government has absolute power to nominate members to the Municipal Committees under Section 9(3) of the Act and the second is whether nomination o