RAVINDER KUMAR RAWAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER , whose election as President of Municipal Council, Panchkula was set aside by the learned Election Tribunal, has filed the present writ petition with twofold prayers; i) to declare Bye-laws 36 of the Haryana Municipal Business Bye-laws 1981 (for brevity "1981 Bye-laws") as ultra vires to the provisions of the Haryana Municipal Act, 1973 (for brevity "1973 Act") and further to quash the impugned order dated 3.7.2009 (Annexure P.12) passed by respondent No. 2-Financial Commissioner and Principal Secretary to Government of Haryana Urban Local Bodies Department whereby it has been ordered that respondent No. 6-Vice President shall perform all the duties and exercise all the powers of the President, being wholly without jurisdiction.

(2.) BRIEF facts, which are undisputed, may be noticed :

(3.) TWO appeals were filed against judgment dated 4.5.2009 (Annexure P.5) passed by the learned Tribunal, one by the petitioner bearing Civil Appeal No. 20 of 2009 and the other by Deputy Commissioner, Panchkula and SDO (Civil) Panchkula bearing Civil Appeal No. 22 of 2009 before the learned District Judge, Panchkula. Learned District Judge, Panchkula vide its judgment dated 8.6.2009 (Annexure P.6) dismissed both the aforesaid appeals.