SUMAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners have invoked the powers of this Court under Articles 226/227 of the Constitution of India seeking a writ in the nature of certiorari for quashing the resolution dated 5th August, 2005 passed by 8 out of the 17 members of the Municipal Committee, Pinjore, being illegal in the eyes of law as well as to quash the impugned notification dated 8th August, 2005 vide which respondent No. 5-Kuldeep Singh has been notified as President of the Municipal Committee, Pinjore and further sought a writ in the nature of mandamus directing respondent Nos. 1 to 4 to hold the election of the President and Vice-President of the Municipal Committee, Pinjore, afresh.

(2.) THE facts of the case are not in dispute. The petitioners are elected members of Municipal Committee, Pinjore, District Panchkula. The last election to the Municipal Committee was held on 21st of March, 2004 and a meeting of the members was called on 12th April, 2004 for administering oath to the newly elected members. However, the provisions of Rule 70 of the Haryana Municipal Elections Rules, 1978 were violated as election of the President and the Vice-President was not held in the said meeting. Rule 70 of the Haryana Municipal Election Rules, 1978 (hereinafter referred to as the 'rules') reads as under :-

(3.) ON 8th of August, 2005 in view of the powers conferred under Sections 1 and 2 of the Act, a notification was issued with regard to election of Kuldip Singh as President of the Municipal Committee, Pinjore, Distt. Panchkula.