VEERAN RANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Five elected members of Municipal Committee, Jakhal Mandi (Committee) have filed the petition for setting aside election of President and Vice President of the Committee and further for quashing of notification dated 22nd February, 2019, notifying Smt. Seema Rani as President of the Committee.

(2.) The elections of the Committee were completed on 16th December, 2018 and names of elected members were declared on 19th December, 2018. There are 13 elected members and two ex-officio members in the Committee. The names of the elected members were notified on 27th December, 2018. The Sub Divisional Officer (Civil), Ratia issued notice for convening the first meeting on 25th January, 2019 at 3.00 PM for administration of oath and election to the posts of President and Vice President. The convenor was not available hence the meeting was postponed. Thereafter on 31st January, 2019, Sub Divisional Officer, Tohana issued notice for convening meeting on 2nd February, 2019 for administration of oath and election to the posts of President and Vice President. On 2nd February, 2019, the members present were administered oath and thereafter election was held. Respondents No. 7 and 8 were elected as President and Vice President respectively. Aggrieved of the election, the present petition is filed.

(3.) In the prayer, elections held are said to be violative of Sections 18, 27 and 29 of the Haryana Municipal Act, 1973 (Act) and Rules 70 and 71 of the Haryana Municipal Election Rules, 1978 (Rules). In fact the pin pointed controversy raised is that election held, are not in consonance with the procedure laid down in Rule 70 of the Rules, as amended on 24th January, 1995.