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1969 Supreme(MP) 139

S.M.N.RAINA
Kanhaiyalal – Appellant
Versus
Narain Singh – Respondent


Advocates appeared:
A. B. Mishra for applicant;
G. P. Patankar for opposite parties

(1) Municipalities Act, 1961 (M.P.) - S. 19 - women candidate -has right to contest all the seats-separate selection of woman candidate-when permissible.

It is clear from clause (b) of sub section (1) of section 19 that the selected Councillors are to be selected by single transferable vote by the elected members of the new Council, subject to the condition that at least one of them shall be a woman. It is quite clear from the said clause that there is no bar to more than one woman being selected as Councillors. The condition that there should be at least one woman selected Councillor has apparently been laid down to ensure representation for women amongst the selected Councillors. It can not be construed as derogatory to their general right to be selected as Councillors. On the other hand it is meant to reserve at least one seat for them.

It is obvious that the aforesaid provision contemplates that the women candidates have a right to contest all the seats of the selected Councillors and not only one seat. In construing clause (b) of sub-section (1) of section 19 it must be borne in mind that the proviso to the said clause is attracted only if the Council fails to select a woman and


































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