PARVEEN RANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The sole question involved in this petition is as to whether Respondent No. 5, who was elected from the ward reserved for the scheduled caste category, shall be eligible to contest and elected as President of the Municipal Committee, which is reserved for the scheduled caste women category?

(2.) Learned Counsel for the Petitioner has vehemently argued that since Respondent No. 5 was not elected from the ward reserved for scheduled caste women category, hence is not eligible to be elected for the post of President, which is reserved for the scheduled caste women category. Learned Counsel for the Petitioner further argued that since Petitioner is only candidate who contested and elected as member from the ward, which was reserved for the scheduled caste women category, hence Petitioner is alone eligible to be elected as President of the Municipal Committee, the post which is reserved for scheduled caste women category.

(3.) The issue raised in the present petition is no more res integra. Hon'ble Apex Court in the matter of Kasambhai F. Ghanchi v. Chandubhai D. Rajput and Ors., 1998 1 SCC 285 has held as under: