Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | office of President Municipality Election |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | ELECTION LAWS:HARYANA MUNICIPAL ACT, 1973/HARYANA MUNICIPAL ELECTION RULES, 1978:S. 18/r. 70 - Election to office of President of Municipality Held: Even if the post is reserved for SC, ST, BC, Councilor belonging to SC, ST or BC can be elected even if such person is not elected as Councilor from a reserved ward - Likewise when the post is not reserved, all candidates irrespective of the fact whether they have been elected from a reserved ward or general ward entitled to seek election as president - Constitution of India, Article 243T. In this appeal, the election of the appellant as President of Municipal Council, Hisar which has been quashed by the High Court is in issue. The question before the Court was whether the provisions of the Haryana Municipal Act, 1973 and the Rules framed thereunder curtail and put any embargo on the right of the Municipal Councilors elected from the reserved wards to contest election for the Office of President of the Municipality if by virtue of roaster such office is notified to be filled in by the members belonging to the general category. On behalf of the appellant it was contended that all members of the Municipality, irrespective of the fact that they have been elected from reserved wards, are eligible to contest to the office of the President/Chairperson - when it falls in the general category; that the office of the President/Chairperson once notified falling in the general category simply means that the same is not reserved for any particular class of persons or community; and that the contest is open to all classes who have been elected as members of the ward irrespective of the fact whether they have been elected from the wards that were reserved for the Scheduled Castes and the Backward Classes or from the wards which remained unreserved. On behalf of the respondents, it was contended that the appellant being an elected member from a ward reserved for backward classes cannot contest the election to the office of the President as the same could only be filled in from the candidates belonging to the general category. |
Judge | Hon'ble Mr. Justice B. Sudershan Reddy |
Neutral Citation | 2009 INSC 181 |
Petitioner | Bihari Lal Rada |
Respondent | Anil Jain (tinu) & Ors. |
SCR | [2009] 3 S.C.R. 251 |
Judgement Date | 2009-02-13 |
Case Number | 976 |
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