KIRTI PARSHAD JAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The 14 petitioners, who were duly elected members of the Municipal Committee, Ambala City impugn the action of the Deputy Commissioner first in postponing the election (Annexure P.1) to the Sub-committees to be formed under bye-law 18 of the Haryana Municipal Bye-laws and secondly setting aside these elections vide order dated 28.11.1990 (Annexure P-4). The first order reads as follows :-

(2.) What is highlighted by Mr. S.P. Jain, learned counsel for the petitioners is that the orders Annexures P-1 and P-4 said to have been passed by the Deputy Commissioner in the purported exercise of powers under Section 246 of the Haryana Municipal Act are totally without jurisdiction. As against the respondents and more particularly the official respondents concede that these orders have been so passed, but maintain that these are perfectly legal and valid orders. Having considered the submissions of the learned counsel, I am however, of the opinion that order Annexure P-1 is in total violation of Section 246 which reads as follows :-

(3.) For the reasons recorded above, this petition is allowed with costs and the impugned orders Annexures P-1 and P-2 are set aside. Costs are determined at Rs. 500/-.