DALMIRA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The facts giving rise to the writ petition are stated hereunder :

(2.) In pursuance of the decision of the Government of Haryana to hold elections to the Municipalities in the State, election to the Municipal Committee, Buria, tehsil Jagadhri, district Yamuna Nagar, was held on 27th October, 1991. The petitioner too was elected as a member of the Municipal Committee, Buria. It appears that as no woman had been elected as member of the Municipal Committee, the State of Haryana, vide Annexure P-1, taking recourse to section 10-A of the Haryana Municipal Act, 1973 , nominated respondent No. 5 Smt. Savita Khullar as member of the Committee. The petitioner has challenged the nomination of respondent No. 5 on the ground that she was not entitled to be so nominated as she was not an elector, as defined in Rule 2(6) of the Haryana Municipal Election Rules, 1978 .

(3.) A written statement on behalf of respondent No.5 has been filed in reply to the petition. The stand taken by the respondent is that her name was, in fact, entered at Serial No. 583 of the Supplementary Voters List Annexure R-5/2-T, but the name had, by a printing mistake, been entered as Sushma Rani wife of Shri Suresh Kumar. It has been further stated that he husband's name and house number had been correctly given and, as such, her nomination was in order. It has also been averred in the written statement that on coming to know of the mistake above mentioned, she filed an application Annexure R-5/3 to have the same rectified. The petitioner has chosen to file a replication in which the contents of the petition have been reiterated and some further evidence has been introduced in order to show that Smt. Sushma Rani and Smt. Savita Khullar are, in fact, two different persons.