AJAY KUMAR Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The petitioner is aggrieved by the election of respondent No.3 as the President of Municipal Committee, Biwani Khera.

(2.) In the year 2018, election was held for electing members of Municipal Committee, Biwani Khera and total of 15 members were elected including the petitioner. On 22/6/2018, the Sub Divisional Magistrate convened a meeting for election of President and Vice President. The election was held and the petitioner and respondent No.3 received 08 votes each. 16 votes were cast as the local MLA (respondent No.5) was also present and was entitled to vote. Thereafter, respondent No.3 was declared elected by draw of lots.

(3.) Learned counsel for the petitioner submits that procedure prescribed under Rule 72 of the Haryana Municipal Election Rules, 1978 (for short "the Rules, 1978"), was not followed inasmuch as, the slips for draw of lots were not got signed by the petitioner or respondent No.3 nor shown to the members present there. It is further stated that the petitioner was not present at the time of draw of lots (although no such plea has been taken in the writ petition) and thus, the election of respondent No.3 is void.