BIHARI LAL RADA Vs. ANIL JAIN

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is preferred against the Judgment and Order dated 31.07.2008 made in LPA No. 66 of 2007 of the High Court of Punjab and Haryana at Chandigarh whereby the Division Bench vide the impugned judgment set aside the election of the appellant as the President of the Municipal Council, Hisar.

(3.) The facts, in brief, to be noticed for the purpose of disposal of this appeal, are that election to the Municipal Council, Hisar was held on 16.4.2005. In all there were 31 wards out of which 15 wards were reserved for the members belonging to Scheduled Castes and 2 wards were reserved for Backward Class category. The respondent/writ petitioner was elected from ward No. 2 which was general category and not reserved in favour of any one of those categories mentioned herein above. The appellant herein was elected from ward No. 18 which was reserved for Backward Class category. Thereafter election was held to the office of the President, Municipal Council, Hisar on 29.8.2006. In the election held on 29.8.2006, in all 32 Municipal Councilors participated. The appellant secured 19 votes whereas the respondent got 13 votes and accordingly the appellant was declared to have been duly elected as the President of the Municipal Council, Hisar.