MST AISHA Vs. STATE OF PUNJAB, ETC

JUDGEMENT

(1.) The facts giving rise to this petition may briefly be stated as follows. The election of the Municipal Committee, Malerkotla, took place on June 18, 1972, and 19 members were elected. One of them Shri Kirpal Chand, who is mentioned as respondent No. 6 in this petition belongs to the scheduled caste and he was elected from Ward No. 3-A. The names of the Municipal Commissioners duly elected were published in the Government Gazette and a meeting was held on July 6, 1972, for administering oath to the Municipal Commissioners and for enabling them to co-opt the lady members of the Municipal Committee. It is alleged that the Municipal Commissioners present at the meeting proposed the names of Sarvshrimati Anwari, Aisha, Shanti Devi and Salamat. The Sub-Divisional Magistrate put up the names of Smt. Anwari and Aisha for one seat and the names of Smt. Shanti Devi and Salamat for the other. He directed the members to cast one vote in favour of one member out of each group. As a result of this election, Anwari and Shanti Devi were declared to be elected.

(2.) This petition has been filed mainly on the ground that all the four properly proposed and seconded lady candidates should have been allowed to compete at one and the same election. Each Municipal Commissioner should have been directed to cast two votes in favour of any two ladies out of the four mentioned above. Therefore, those who obtained the largest number of votes should have been declared as elected. By grouping Smt. Anwari and Aisha together for one seat as also by grouping Smt. Shanti Devi and Salamat for the other the Sub Divisional Magistrate has not conducted the election in accordance with the rules.

(3.) Rule 5(2) of the Punjab Municipal Election (Second Amendment) Rules, 1972 (hereinafter called 'the Rules'), lays down that a proposal shall be made separately for each category of candidates. It is not disputed that the two lady members formed one category of candidates. Proviso to rule 5(5) runs as follows :-