RAMESHWAR SAINI Vs. STATE OF HARYANA

JUDGEMENT

(1.) 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).

(2.) It is the case of the petitioner that in Municipal Committee, Safidon, there are 15 seats of Municipal Councillors, out of which, four 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).

(3.) In pursuance of the notice issued, a written statement has been placed on record on behalf of respondents No. 1 to S.