VINOD KUMAR CHAWLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present writ petition has been filed under Article 226/227 of the Constitution of India for quashing of the Notice dated July 25, 2008 (Annexure P-1) for holding a special meeting to conduct election to the post of President of Municipal Council, Bhiwani. The petitioner has prayed for a direction to the respondents to fill up the causal vacancy first which has occurred on account of death of his father late Shri Nand Lal Chawla and till such time, fresh election for the post of President be deferred.

(2.) THE contention of the petitioner is that total strength of Municipal Council, Bhiwani is 31 and 2 nominated Municipal Councillors are Member of Parliament and Member of Legislative Assembly who have right to vote in the election. One post of councillor has fallen vacant on account of murder of late Shri Nand Lal Chawla (father of the petitioner) and at present there are total 32 councillors.

(3.) MR . Raj Mohan Singh, learned counsel for the petitioner has vehemently argued that on the death of Shri Nand Lal Chawla, the vacancy is to be filled up by holding election from that particular ward and the election is to be conducted within a period of six months. It is also the contention of the counsel for the petitioner that petitioner is aspirant/prospective candidate for contesting election to the post of Municipal Council from that ward and without filling up the vacancy of that particular ward, the election of President will deprive representation of the public of that particular ward as only 32 councillors would be able to cast their votes for President. The counsel for the petitioner has relied upon Sections 15 and 18 of the Haryana Municipal Act, 1973 (hereinafter referred to as 'the Act') to support his arguments. Section 15 and 18 are reproduced as under :