SUSHILA RANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of LPA Nos. 1863 and 2116 of 2014, both filed by Smt. Sushila Rani, who was elected as Member of Municipal Committee, Kalayat from Ward No.9, challenging the common order dated 23.09.2014 passed by the learned Single Judge, whereby two separate writ petitions, one (CWP No. 20916 of 2013) filed by Baldev Krishan Mittal (respondent No.7 in LPA No. 1863 of 2014), a defeated candidate from Ward No.9; and the other (CWP No. 22358 of 2013) filed by Birma Devi (respondent No.7 in LPA No. 2116 of 2014), an elected candidate from Ward No.8, have been allowed, and the election of the appellant as a member of Municipal Committee, Kalayat from Ward No.9 has been declared invalid on the ground that she had not validly taken oath of office within a period of three months of the date of notification of her election as a member of Municipal Committee, Kalayat.

(2.) THOUGH there is delay of 58 days in filing LPA No. 2116 of 2014 and the appellant has filed an application (CM No. 4440 -LPA of 2014) for condoning the delay, yet we have heard learned counsel for the parties on merits and have gone through the order passed by the learned Single Judge.

(3.) THE brief facts of the case are that elections to 13 wards of Municipal Committee, Kalayat, were held on 20.02.2013. The appellant contested the election from ward No.9. In that election, she defeated Baldev Krishan Mittal (respondent No.7 in LPA No. 1863 of 2014). Birma Devi (respondent No.7 in LPA No. 2116 of 2014) was declared elected from Ward No.8.