SARASWATI DEVI Vs. SHANTI DEVI

JUDGEMENT

(1.) Leave granted.

(2.) By consent of learned advocates of parties the appeal was finally heard and is being disposed of by this judgment. The contesting parties are appellant on the one hand and Respondent No.1 on the other. Both belong to Scheduled Castes. Their claim is centered round the chair of President of the Municipal Committee, Loharu in Haryana State. The grievance of the appellant against the order of the High Court in favour of respondent No. 1 can be better appreciated after looking at the relevant introductory facts.

(3.) The appellant as well as Respondent No.1 are Scheduled Castes women. Elections were held to Loharu Municipal Committee. For the purpose of election of members of the committee, Loharu Municipal area is divided into 11 wards. Out of these 11 wards three wards, namely, ward Nos. 1,4 and 5 were reserved for members belonging to Scheduled Castes. Out of these three wards, ward No. 5 was reserved for the Scheduled Castes women and ward No. 2 was reserved for backward classes. Apart from the aforesaid reservations, ward Nos. 8. 10 and 11 were reserved for General women. Elections to Loharu Municipal Committee were held on 28th December 1994 under the provisions of Haryana Municipal Act, 1973 (the Act for short). In the said elections the appellant was elected from ward No. 5 reserved for Scheduled Castes women while Respondent No. 1 was declared elected from ward No.11 which was reserved for General women. After the said elections were over question arose about the election of President of the said Municipal Committee. As per Section 10 sub-section (5) of the Act the offices of the President in the municipalities shall be filled up from amongst the members belonging to General category, Scheduled Castes, backward classes and women by rotation and by lots in the manner prescribed. Rule 70 sub-rule (4) of Haryana Municipal Election Rules, 1978 (Election Rules for short) prescribes the manner in which the election to the office of President of municipality could be held. The local Government Department of Haryana vide its notification dated 20th January 1995 declared in terms of Rule 70 (4) of the Election Rules that the seat of president. Municipal Committee, Loharu, inter alia, shall be filled up from amongst the members belonging to Scheduled Castes category. The said rule reads as under: