GAJANAND Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of the impugned election notice dated 01.06.2020 (P-1), vide which, election for the posts of President and Vice-President, Municipal Committee, Ateli, District Mahendergarh (for short 'Committee') is scheduled to be held today i.e. 04.06.2020.

(2.) It is contended by learned Counsel for the petitioner that President of the Committee can be elected only through direct election by voting of general public of the area and not by the Ward Members. Reference in this regard is made to sub-section 2 of Section 9 of the Haryana Municipal Act, 1973 (for short ' Act of 1973'). Further contended that as per sub-section 2 of Section 18A, before conducting the election of the Vice-President, it is imperative that firstly, the President should be elected and then only a meeting would be convened consisting of the President along with other ward members at forty-eight hours notice for conducting the election of Vice- President. On the other hand, learned State Counsel raised a preliminary objection regarding the maintainability of the writ petition in view of the provisions of Article 243-ZG of the Constitution as well as Section 275-B of the Act of 1973. Also submitted that the Election Tribunal constituted in terms of Clause (b) of Section 275-B is duly functioning within District Mahendergarh, thus, an effective and alternative remedy of election petition is available. Further submitted that President is to be elected by the ward members and not by the electors/voters of the territorial area of the Committee. He has also submitted that there is no bar for conducting the election for the post of Vice-President simultaneously with the President in view of the facts and circumstances of the present case as President of the Committee could not be elected despite various meetings for the last two years.

(3.) Heard learned Counsel for the parties and perused the paperbook.