The main legal point established in the judgment is the requirement to establish legal injury and standing as an aggrieved person for invoking the jurisdiction under Article 226, especially in electoral matters.

JUDGMENT

Mahabir Singh Sindhu, J. - Present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of the impugned election notice dated 01.06.2020 (P-1), vide which, election for the posts of President and Vice-President, Municipal Committee, Ateli, District Mahendergarh (for short 'Committee') is scheduled to be held today i.e. 04.06.2020.

( 2) It is contended by learned Counsel for the petitioner that President of the Committee can be elected only through direct election by voting of general public of the area and not by the Ward Members. Reference in this regard is made to sub-section 2 of Section 9 of the Haryana Municipal Act, 1973 (for short ' Act of 1973') . Further contended that as per sub-section 2 of Section 18A, before conducting the election of the Vice-President, it is imperative that firstly, the President should be elected and then only a meeting would be convened consisting of the President along with other ward members at forty-eight hours notice for conducting the election of Vice- President. On the other hand, learned State Counsel raised a preliminary objection regarding the maintainability of the writ petition in view of the provisions of Article 243-ZG of the Constitution as well as Section 275-B of the Act of 1973. Also submitted that the Election Tribunal constituted in terms of Clause (b) of Section 275-B is duly functioning within District Mahendergarh, thus, an effective and alternative remedy of election petition is available. Further submitted that President is to be elected by the ward members and not by the electors/voters of the territorial area of the Committee. He has also submitted that there is no bar for conducting the election for the post of Vice-President simultaneously with the President in view of the facts and circumstances of the present case as President of the Committee could not be elected despite various meetings for the last two years.

( 3) Heard learned Counsel for the parties and perused the paperbook.

( 4) Before proceeding with the matter, it would be appropriate to reproduce the provisions of Sections 9, 18, 18A, 275-B of the Act of 1973 as well as Articles 243-R and 243-ZG of the Constitution:-

Section 9. Composition of Municipalities.

( 1) The municipalities constituted under section 2A shall consist of the president, vicepresident and such number of elected members, not less than eleven, as may be prescribed.

(2) Save as provided in sub-section (3), all the seats in the municipality including the president shall be filled in by persons chosen by direct election from the territorial constituencies in the municipal area and for this purpose each municipal area shall, by a notification issued in this behalf, be divided into territorial constituencies to be known as wards.

(3) In addition to persons chosen by direct election from the territorial constituencies, the State Government shall, by notification in the Official Gazette, nominate the following categories of persons as members of a municipality :-

(i) not more than three persons in case of Municipal Council and not more than two persons in case of Municipal Committee having special knowledge or experience in municipal administration;

(ii) members of the House of the People and the Legislative Assembly of State, representing constituencies which comprise wholly or partly, the municipal area; and

(iii) members of the Council of States, registered as electors within the municipal area :

Provided that the persons referred to in clause (i) above shall not have any right to vote in the meetings of the municipalities and the persons referred to in clauses (ii) and (iii) above shall not have any right to vote for the No Confidence Motion and to contest or vote for the election of vice-president.

Provided further that the Executive Officer in the case of a Municipal Council and the Secretary in the case of a Municipal Committee, shall ha