VINITA PIPAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner has challenged the election of respondent No.7 who has been unanimously elected as the President of Municipal Council, Rewari.

(2.) Shorn of unnecessary details, the Municipal Council, Rewari, has 31 wards. The petitioner, though a Scheduled Caste, contested from General Ward No.29 and elected as Councillor. The post of President of the Municipal Council, Rewari, was reserved for Scheduled Caste (Woman). Shri I.P.Bishnoi, ADC, Rewari, was the Returning Officer of the election who gave the certificate of election to the returned candidates. In order to elect the President and to administer oath to the duly elected members in terms of Rule 70 of the Haryana Municipal Elections Rules, 1978 (hereinafter referred to as the "Rules"), a meeting was convened on 20.03.2013 at 11.30 a.m. at Mini Secretariat, Rewari. All the 31 elected members and Ex-officio Member of Parliament and Member of Legislative Assembly participated in the said meeting. The State Election Commission, Haryana, vide its letter dated 17.04.2013, issued instructions to regulate election of the office of President and Vice President to the Municipalities while exercising powers conferred under Article 243 ZA of the Constitution of India and Section 3A of the Haryana Municipal Act, 1973. As per those instructions, the candidates, who were desirous to contest for the office of President and Vice President, were to fill up a nomination paper in the format provided in the instructions, which reads as under:- <STYLE TYPE="text/css"> <!-- .style1 {font-family: Verdana} --> </STYLE> "FORM OF NOMINATION PAPER FOR ELECTION FOR THE OFFICE OF PRESIDENT/VICE PRESIDENT OF MUNICIPAL COUNCIL/COMMITTEE. <FRM>JUDGEMENT_995_LAWS(P&H)7_2013_1.html</FRM>

(3.) It is also provided in the instructions that every candidate for election to the office of President and Vice President of Municipal Council/Committee shall fill the prescribed nomination Form duly signed by two of the elected Members of the Municipal Council/Committee; one as proposer and another as a seconder. No member is allowed to propose or second more than one candidate. The nomination papers are then delivered to the Deputy Commissioner or the officer appointed by him under clause (b) of sub rule (1) of Rule 70 of the Rules, within the time prescribed by him.