B K VERMANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this petition, prayer made by the petitioners is to issue a writ in the nature of Certiorari quashing impugned orders, Annexures P-6 and P-7 vide which petitioners have been intimated that election of the Sr. Deputy Mayor and Deputy Mayor of Municipal Corporation, Faridabad, will be held on 20.2.1998 at 3.00 P.M.

(2.) Municipal Corporation, Faridabad, came into existence in pursuance of enactment of Haryana Act, namely, Haryana Municipal Act Corporation (in short 'the Act'). The Act came into force w.e.f. 31.5.1994 and it provided for the establishment of Municipal Corporations for certain municipal areas in the State of Haryana. Sub-section 24 of Section 2 of the Act defines a member to be a member of the Corporation while Section 4 of the Act deals with the incorporation and constitution of Corporation. As per sub-section(2) of Section 4, all seats in the Corporation shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal Area and for this purpose, the Municipal area shall by a notification issued in this behalf be divided into territorial constituencies to be known as wards. Section 5 provides that the Corporation shall continue for five years from the date appointed for its first meeting. Sub-section (5) of Section 11 provides that the office of Mayor shall be filled up from amongst the members belonging to the general category, Scheduled Castes, Backward Classes and Women by rotation and by lots in the manner as may be prescribed. Sub-section (6) of Section 11 provides that reservation of seats for the office of Mayor, Senior Deputy Mayor and Deputy Mayor from the Scheduled Castes shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution. Section 36 provides for the election of Mayor, Senior Deputy Mayor, Deputy Mayor and their term of office. The relevant provision of Section 36 so far as it relates to the election and term of office of Senior Deputy Mayor and Deputy Mayor is concerned, is reproduced below:-

(3.) By virtue of the afore-mentioned provision of law, election of Municipal Corporation, Faridabad, was held on 26.11.1994 and petitioners were duly elected as members. The election to the post of Deputy Mayor and Senior Deputy Mayor was held on 28.2.1995 and petitioners 1 and 2 were elected as such. Petitioners were to hold office for one year.