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2008 DIGILAW 1312 (PNJ)

Vinod Kumar Chawla v. State of Haryana

2008-08-04

DAYA CHAUDHARY, SATISH KUMAR MITTAL

body2008
JUDGMENT Daya Chaudhary, J. - 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. A notice dated July 25, 2008 was issued to hold the election of the President of Municipal Council on August 6, 2008 which has been challenged by the petitioner in the present writ petition. 4. 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 : "15. 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 : "15. Filling of casual vacancies : (1) Whenever a vacancy occurs by the death, resignation or removal, or by the vacation of a seat under the provisions of sub-section (4) of Section 11, of any member, the vacancy shall be filled within six months of the occurrence of such vacancy in accordance with the provisions of this Act and the rules. (2) Every person elected or nominated, to fill a casual vacancy shall be elected or nominated to serve for the remainder of his predecessors term of office." "18. Election of President and Vice President : (1) Every Municipal Committee or Municipal Council shall, from time to time, elect one of its elected members of be President for such period as may be prescribed, and the member so elected shall become President of the Municipal Committee or Municipal Council. XX XX XX Provided further that if the office of President is vacated during his tenure on account of death, resignation or no-confidence motion, a fresh election for the remainder of the period shall be held from the same category." 5. Mr. Raj Mohan Singh has argued that the vacancy to the post of Member of the Municipal Council is to be filled up within a period of six months from the date of occurrence of the vacancy and the election to the post is to be held from the same category and if the election of the President is to be held before filling up casual vacancy, then election would be contrary to the provisions of Sections 15 and 18 of the Act. It has also been argued by the learned counsel for the petitioner that successful candidate in the election for the post of Municipal Councillor from the ward of late Shri Nand Lal Chawla would also be having a right to be considered for the post of President. The election to the post of President before filling up the vacancy would deprive the representation as well as public of that particular ward as no opportunity would be available to the newly elected councilor to contest the election of President. 6. The election to the post of President before filling up the vacancy would deprive the representation as well as public of that particular ward as no opportunity would be available to the newly elected councilor to contest the election of President. 6. We have heard the arguments of the learned counsel for the petitioner and have seen the relevant provisions and the documents on record and are of the considered view that the petitioner has no cause of action to file the present petition. Moreover, the petitioner has no grievance as he has not been elected as councilor and has no locus standi to seek the aforesaid relief. 7. Section 15 of the Act only provides that a vacancy occurs due to death, resignation or removal, or by a vacation of a seat, is to be filled up within a period of six months from the date of occurrence of such vacancy and the elected member would be only for the remainder term. Section 18 of the Act has wrongly been relied upon by the counsel for the petitioner as it simply states that fresh election for the remainder period shall be held from the same category. The petitioner being the son of the deceased Councillor/President, has no cause of action to claim the post of councilor since the councilor is yet to be elected by the voters of that particular ward and the question of depriving the petitioner as well as the people of that area does not arise. 8. In view of the observations made above, the writ petition is totally misconceived, without any cause of action and is merely an abuse of the process of law. 9. The writ petition being devoid of any merit, is hereby dismissed in limine. Petitione dismissed.