CWP No.11204 of 2010 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CWP No.11204 of 2010

DATE OF DECISION: DECEMBER 13, 2010

Rameshwar Saini

.....PETITIONER

Versus

State of Haryana and others

....RESPONDENTS

CCORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL

HON'BLE MR.JUSTICE JORA SINGH

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Present:

Mr.Pritam Saini, Advocate,

for the petitioner.

Mr. G.S. Chahal, Addl.A.G., Haryana,

for respondents No.1 to 5.

Mr. Vikram Singh, Advocate,

for respondent No.6.

..

SATISH KUMAR MITTAL, J.

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).

It is the case of the petitioner that in Municipal Committee,

Safidon, there are 15 seats of Municipal Councillors, out of which, four

CWP No.11204 of 2010 -2-

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).

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.

In our opinion, the contention raised by the petitioner is not

tenable. Undisputedly, vide Notification dated 27.5.2010 (copy Annexure

P1) 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,

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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. Ra