SHANTI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition to quash the notification (Annexure P-4) dated 11. 2. 1995 issued by the Government of Haryana Under Section 278 of the Haryana Municipal Act, 1973 (for short, 'the Act') and for issue of a direction to the respondent No. 3 to admit the petitioner as a candidate to contest the election for the office of the President, Municipal Committee, Loharu, on the reserved seat of Scheduled Caste (Woman) candidate.

(2.) DURING the pendency of the Writ Petition, election of the office of the President of the Municipal Committee, Loharu, has been held but the same has been made subject to the result of the writ petition vide this Court's order dated 15. 3. 1995.

(3.) AFTER completion of election to the Municipal Councils/municipal Committee except Bahaurgarh and Dabwali, a meeting was held by the Commissioner and Secretary to Government of Haryana, Local Government Department for determination by draw of lots a to which of the offices of the President of the Municipalities shall be filled from amongst the members belonging to General Category, Scheduled Castes, Backward Classes and women. On the basis of the decision taken in that meeting, notification Annexure P2 dated 20. 1. 1995 was issued. After the issue of the notification (Annexure P-2), the Deputy Commissioner-cum-Returning Officer gave out that election to the office of President from amongst Municipal Commissioners will be held on 12. 2. 1995. Claim of the petitioner to contest election as a Scheduled Caste woman was not accepted on the ground that though she belongs to Scheduled Caste, being a Municipal Commissioner elected from general seat, she is ineligible to contest election of the office of the President reserved for Scheduled Caste woman candidate. This decision of respondent No. 3, according to the petitioner, is based on notification Annexure P-4 issued by the Government on 11. 2. 1995 in pursuance of the provisions of Section 278 of the Act.