SUDESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) General Panchayat Elections were held in the State of Haryana in the month of January 2016. For Zila Parishad, total 18 members were elected from different wards of Zila Parishad, Yamunanagar. Ward No.8 was reserved for Scheduled Caste Women. One Smt. Renu Bala was elected as member from said Ward. Thereafter, she was elected as a President of Zila Parishad, Yamunanagar. She contested the election of MLA from Sadhaura Assembly Constituency in the month of October, 2019. The seat of member from Ward No.8 as well as President of Zila Parishad had fallen vacant. The Vice President of Zila Parishad, Yamunanagar was appointed as officiating President of Zila Parishad. Vide letter dated 27.12.2019, theAssistant Election Commissioner, Haryana directed the Deputy Commissioner-cum-District Election Officer (P), Yamunanagar to conduct the election of President, Zila Parishad, Yamunanagar on 10.01.2020.

(2.) Said letter dated 27.12.2019 has been challenged by petitioner-Sudesh on the ground that Ward No.8 had fallen vacant and being candidate belonging to Scheduled Caste, she is keen to contest election from that Ward. Instead of filling that seat by conducting fresh election. She has a statutory right to contest election as she has legitimate expectation to become the President of Zila Parishad, in case, she is elected as a Member from said Ward.

(3.) Learned counsel for the petitioner submits that the act of the respondents in issuing impugned letter is not only unfair but unreasonable as election of the President of Zila Parishad cannot be notified without conducting election of the Member from Ward No.8. It is a case of political injustice to the petitioner. As per Rule 79 of the Haryana Panchayati Raj Election Rules, 1994 (here-in-after referred to as 'the Rules, 1994), it is mandatory to fill up the casual vacancy of Member and the President of the Zila Parishad. The impugned letter has been issued just to elect the President of Zila Parishad of their own choice. Learned counsel for the petitioner also submits that in absence of one member from Ward No.8, the Constitution of Zila Parishad is not complete and without election of member from said Ward, no President can be elected.