RAJIV KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER , Rajiv Kumar, belongs to a Backward Class. He contested the election to the Municipal Committee, Safidon against a seat reserved for candidates belonging to Backward Classes. The elections were held on April 02, 2000 and he was declared elected.

(2.) A notification was issued on April 19, 2000 whereby it was notified that the office of the president of the Municipal Committee, Safidon shall be filled up from the women members belonging to the Backward Class. However by a notification dated 28.12.1994 it was provided that if a woman candidate of the reserved category is not available then the office of the president would be filled by a male member of the same reserved category. As no woman candidate belonging to Backward Class was elected on April 02, 2000, the office of the president was occupied by the petitioner. The selection of the petitioner as president of the Municipal Committee, Safidon was duly notified by the Govt. vide notification dated July 12, 2000. By virtue of Section 18 of the Haryana Municipal Act, 1973 (hereinafter referred to as "the Act"), the term of the office of president shall be for a period of five years or for the residue period of his office as a member, whichever is less. Section 20 of the Act provides that the President or the Vice President may resign his office. Section 21 of the Act provides that the President or Vice President shall be deemed to have vacated the office, if a motion of no-confidence is passed against him/her. Under Section 22 of the Act, the State Government has the power to remove the President or Vice-President on the ground of abuse of his power or for habitual failure to perform his duties. The Haryana Municipal Election Rules, 1978 (hereinafter referred to as 'the Rules') have been framed under the enabling provisions of the Act. There was no provision in this Act or under the Rules, for replacement of a President by another candidate. As noticed earlier, no female candidate had been elected at the time when election was held on April 02, 2000. Subsequently, however, on bye-election, respondent No. 5 was elected on August 19, 2002. On her being elected, the respondent-Govt. of Haryana vide notification dated October 03, 2002 appointed respondent No. 5 as the President of the Municipal Committee, Safidon. This notification resulted in the removal of the petitioner from the office of the President. He was, therefore, constrained to challenge the appointment of respondent No. 5 as President of the Municipal Committee, Safidon, by way of Civil Writ Petition No. 16274 of 2002. A Division Bench of this Court vide judgment dated January 23, 2003 was pleased to declare the Govt. notification dated October 03, 2002 and the action taken by respondent No. 2 in pursuance of the Govt. notification as illegal. The writ petition was allowed and the petitioner was directed to continue as the President of the Municipal Committee, Safidon. In the judgment delivered by the Division Bench, it was observed as follows:-

(3.) UNDER this provision, the petitionr on being elected, occupied the office of President. This proviso had no provision that on the subsequent election of a woman of a reserved category, the office would be offered to the woman candidate. In view of the aforesaid lacuna which was pointed out by the Division Bench of this Court, the Haryana Govt. amended the aforesaid provision vide notification dated June 19, 2003 which reads as follows :-