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1964 Supreme(P&H) 30
HIGH COURT OF PUNJAB & HARYANA
H. R. KHANNA, J.
Ramnij Dass Manohar Lal
Versus
State of Punjab
Civil Writ No. 929 of 1961
Decided On : 14-02-1964
D.D. Khanna, for Petitioner; H.S. Doabia; Addl. Advocate-General (for Nos. 1 to 3) and Anand Swaroop (for Nos. 5 and 8), for Respondents.
The interpretation of Rule 3(3) of the Municipal Election Rules, 1952, and the determination of ineligibility of candidates under Rule 7(g) of the Municipal Election Rules, 1952.
Headnote:
MUNICIPAL ELECTION - ELECTION PROGRAMME - PUBLICATION - RULE 3(3) OF MUNICIPAL ELECTION RULES, 1952 - INTERPRETATION - INELIGIBILITY OF CANDIDATES - RULE 7(G) OF MUNICIPAL ELECTION RULES, 1952 - INTERPRETATION.
Fact of the Case:
Petitioner challenged the election programme for the election to the Municipal Committee of Bhiwani issued by the Deputy Commissioner, Hissar, on the grounds that it was not published not less than ten days before the first of the dates specified in the election programme as required by Rule 3(3) of the Municipal Election Rules, 1952, and that respondents 4 to 9 were ineligible to file their nomination papers as they were in arrears of house-tax, water-tax, and other municipal taxes.
Finding of the Court:
The court held that the election programme was published in accordance with Rule 3(3) of the Municipal Election Rules, 1952, as the words "the first of the dates specified in the election programme" referred to the date of the presentation of the nomination papers, which was the first date mentioned in chronological and serial order in Rule 3(2). The court also held that the ineligibility of respondents 4 to 9 could not be determined in a writ petition as it involved disputed questions of fact that should be addressed in an election petition.
Issues: 1. Whether the election programme was published in accordance with Rule 3(3) of the Municipal Election Rules, 1952? 2. Whether respondents 4 to 9 were ineligible to file their nomination papers due to arrears of taxes?
Ratio Decidendi: 1. The court interpreted Rule 3(3) of the Municipal Election Rules, 1952, and held that "the first of the dates specified in the election programme" referred to the date of the presentation of the nomination papers, which was the first date mentioned in chronological and serial order in Rule 3(2). Therefore, the election programme was published in accordance with the rule. 2. The court held that the ineligibility of respondents 4 to 9 could not be determined in a writ petition as it involved disputed questions of fact that should be addressed in an election petition.
Final Decision: The petition was dismissed as it had become infructuous since the elections had already taken place. The court made no order as to costs.
2. Although a number of grounds have been taken in the petition, at the hearing of the petition Mr. Durga Dass Khanna, learned counsel for the petitioner, has pressed only two grounds. It is contended in the first instance that under sub-rule (3) of Rule 3 of the Municipal Election Rules (hereinafter referred to as the Rules) the election programme should be published not less than ten days before the first of the dates specified in the election programme. This provision according to the learned counsel, was not complied with in the present case and as such rendered invalid the election programme. The other contention of the learned counsel is that arrears of house-tax, water-tax and other municipal taxes were due from respondents 4 to 9 and as such they were ineligible to file their nomination papers. The order of the Returning Officer as well as of the Deputy Commissioner, Hissar, in revision refusing to reject the nomination papers of the aforesaid respondents, were stated to be illegal, unsustainable and ultra vires of their powers.
3. So as the first contention is concerned, I find that rule 3 reads as under :-
"3. (1) The Deputy Commissioner snail frame a programme for general elections hereinafter referred to as the "election programme," of the Municipal Committee.
(2) The election programme shall specify the date or dates on/by or within which
(i) the nomination papers shall be presented;
(ii) the list of nomination papers shall be posted;
(iii) the nomination papers shall be scrutinised;
(iv) applications for the revision of the orders of the authority scrutinising the nomination papers may be made to the Deputy Commissioner;
(v) the revision application shall be decided;
(vi) a candidate may withdraw his candidature;
(vii) the list of valid nomination papers shall be posted;
(viii) the list of polling stations shall be posted;
(ix) the poll shall be held;
(x) the ballot papers shall be counted [here time and place fixed for the purpose shall also be specified); and
(xi) the result of election shall be declared.
(3) The election programme shall be published not less than ten days before the first of the dates specified in the election programme, by posting a copy at the office of the Deputy Commissioner; at the office concerned of the Municipal Committee; and at other conspicuous places in the said Municipality as may be determined by the Deputy Commissioner in this behalf."
4. The election programme about the election to the Municipal Committee of Bhiwani was, according to the allegations of the petitioner, published on 1-6-1951 and was to the following effect :-
NOTICE
The following election programme is framed and published under sub-rules (1) and (3) of Rule 3 of the Municipal Election Rules, 1952, for election to the Municipal Committees of Bhiwani, Fatehabad and Kalanwali, in the Hissar District :-
(1) Issue of 1st notice fixing election programme.............................. 10-6-1961
(2) Last date for making nominations...................... 20-6-1961
(3) Preparation and Publication of nominations... ............................. 20-6-1961
(4) Scrutiny of nomination papers................................................... 27-6-1961
(5) Receipt of applications for revision of scrutiny decisions....... 30-6-1961
(6) Decision on revision petitions...................................................... 3-7-1961
(7) Last date of withdrawal of candidature....................................... 5-7-1961
(8) Preparation and publication of the final list of nominations .......... 6-7-1961
(9) Preparation and publication of list of polling stations.................... 10-7-1961
(10) Poll, if any.
