SUMAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) ELECTIONS to the Municipal Committee, Pinjore were held on 21-3-2004 in which 15 members were elected and two Ex officio members, namely, Member of Parliament and Member of Legislative Assembly were nominated. On 12-4-2004, a meeting was convened under the chairmanship of SDO (C), Kalka regarding administering the oath to the newly elected members of the Municipal committee in which all the 15 elected members had participated and were administered oath. Vide his order dated 17-2-2005, the deputy Commissioner, Panchkula called a special meeting for 21-2-2005 at 9 a. m. under the chairmanship of SDO (C), Kalka for the election of President and Vice-President of Municipal committee, Pinjore. As per the proceedings of the meeting recorded on 21-2-2005, notice of the special meeting was given to all the 17 members but only 8 members attended the meeting, whose signatures and presence was recorded but since the quorum of the House was required to be 9, the special meeting convened for the election of the President and the Vice-President was postponed/adjourned. However, no date and time was announced to which meeting dated 21-2-2005 was postponed/adjourned. Vide notice dated 2-8-2005, SDO (C), Kalka informed the members of the Committee that a special meeting shall be held on 5-8-2005 in the Conference Hall of Forest Complex, pinjore for the election of the President and vice-President. The special meeting a envisaged vide notice dated 2-8-2005 was held on 5-8-2005 under the chairmanship of sdo (C), Kalka in which again 8 elected members out of 17, came present and participated. In the proceedings of meeting dated 5-8-2005, it was categorically mentioned that the meeting convened on 21-2-2005 for the election of the President and the Vice-President was adjourned because of lack of quorum, however, the meeting dated 5-8-2005 was proceeded with 8 members in which Kuldeep Singh and Smt. Krishna Lakra were elected the President and the Vice-President unanimously. Thereafter, the proceedings were declared to be complete. After the aforesaid election notification dated 8-8-2005 was issued in exercise of the powers conferred under Section 24, sub-sections (1) and (2) of the Haryana municipal Act, 1973 and Kuldeep Singh was notified as President of the Municipal Committee, Pinjore.

(2.) THE present appellants had filed CWP no. 12590 of 2005 seeking a writ in the nature of certiorari for quashing resolution dated 5-8-2005 vide which Kuldeep Singh and Smt. Krishna Lakra were elected as president and Vice-President of the Municipal Committee, Pinjore, notification dated 8-8-2005 vide which Kuldeep Singh was notified as President of the municipal Committee, Pinjore and further sought a writ in the nature of mandamus directing the official respondents to hold fresh elections for the post of President and the Vice-President. The said writ petition was dismissed by a single bench of this Court on 3-4-2007 inter alia holding that for the election of the President and the Vice-President, no quorum is required under the rules and since business of the Committee is transacted in the ordinary or special meeting, it cannot be equated with the election of the President and the vice-President as the election of President and Vice-President merely facilitates the discharge of the functions of the Committee. It was also held that the writ jurisdiction of this Court is not barred and in the given circumstances, this Court can entertain the writ petition directly. However, the question of alternative remedy was not decided as the writ petition was dismissed on merits.

(3.) IN the present appeal, the appellants have assailed the order dated 3-4-2007 passed by learned single Judge, resolution dated 5-8-2005 as well as notification dated 8-8-2005 vide which election of respondent no. 5 was notified.