GIAN CHAND KALRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER seeks issuance of a writ of mandamus directing the respondents to hold the elections for the office of Vice-President of Municipal Committee, Shahbad in accordance with unamended Section 18(3) of the Haryana Municipal Act (for short 'the Act') and further a writ in the nature of quo warranto against respondent No. 4 that she ceased to be Vice-President of the Municipal Committee, Shahbad, w.e.f. 16.2.1996.

(2.) THE elections to the Municipal Committees were held in December, 1994. On 17.2.1995 the election of the President and Vice-President took place. Shri Surinder Sharma was elected as President and Smt. Neelam Sahni was elected as Vice-President of the Municipal Committee, Shahbad. Under Section 18(3) of the Act, the term of office of the Vice-President is one year (vide Act No. 3 of 1994). At the time of election, the amendment effected vide Act No. 3 of 1994 was in force. Subsequently, vide Act No. 9 of 1995 (The Haryana Municipal Amendment) Act, 1995, which received the assent of the Governor of Haryana on April 14, 1995, the term of office of Vice-President has been prescribed as five years. According to the petitioner, the amended provision can only have a prospective effect. Since respondent No. 4 was elected as Vice-President as per Act No. 3 of 1994, her term to hold the office of Vice-President is only for a period of one year which has already expired on 16.2.1996 and so she has no right to hold the office and it is incumbent upon the Municipal Committee to hold fresh election in respect of the office of Vice-President.

(3.) RESPONDENT No. 4 in her written statement has stated that in view of the amendment of the Act, there was no necessity to hold fresh election to the office of Vice-President. It has been further stated that the amendment made will be applicable not only to the newly constituted Committees but will also be applicable to the existing Municipal Committees.