RAMNIJ DASS MANOHAR LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution; filed by Ramnij Das praying that the election programme for the election to the Municipal Committee of Bhiwani issued by the Deputy Commissioner, Hissar, resident No. 2 be quashed and all proceedings and actions taken in pursuance of that election programme be cancelled.

(2.) Although a number of grounds have been take in the petition, at the hearing of the petition Mr. Durga Dass Khanna, learned Counsel for the Petitioner, has pressed only two grounds. It is contended in the first instance that under sub-rule (3) of Rule 3 of the Municipal Election Rules (hereinafter referred to as the Rules) the election programme should, be published not less than ten days before the first of the dates specified in the election programme. This provision according to the learned Counsel, was not complied with in the present case and as such rendered invalid the election programme. The other contention of the learned Counsel is that arrears of house-tax, water-tax and other municipal taxes were clue from Respondents 4 to 9 and as such they were ineligible to file their, nomination papers. The order of the Returning Officer as well as of the Deputy Commissioner, Hissar, in revision refusing to reject the nomination papers of the aforesaid Respondents, were stated to be illegal, unsustainable and ultra vires of their powers.

(3.) So as the first contention is concerned I find that Rule 3 reads as under: