Punjab-Haryana High Court
Om Pati vs State Of Haryana And Others on 26 July, 2011
Author: Alok Singh
Bench: Alok Singh
CWP No.11001 of 2011 1
In the High Court of Punjab and Haryana, Chandigarh.
CWP No.11001 of 2011 (O&M)
Date of Decision: 26.07.2011
Om Pati
....Petitioner
Versus
State of Haryana and others
....Respondents.
Coram:- Hon'ble Mr. Justice Alok Singh
1.Whether reporters of local news papers may be allowed to see
judgement ?
2. To be referred to reporters or not ?
3. Whether the judgement should be reported in the Digest ?
Present: Mr. Karan Nehra, Advocate
for the petitioner.
...
Alok Singh, J.(Oral)
Present petition is filed seeking the following reliefs:-
(1) To quash the decision of the respondents communicated vide letter dated 1.6.2011 (Annexure P-12) vide which the petitioner is not being permitted to be considered as eligible Municipal Councilor to be elected to the post of President, Municipal Committee, Nilokheri;
(2) To direct the respondents to declare, appoint and notify the petitioner as President of Municipal Committee, Nilokheri; (3) To quash the decision of the respondents dated 25.5.2011 CWP No.11001 of 2011 2 (Annexure P-10) vide which election for the post of President, Municipal Committee, Nilokheri to be held on 10.6.2011; and (4) To quash the decision of the respondents to remove the petitioner from the post of President, Municipal Committee, Nilokheri vide meeting dated 22.12.2010 and 27.12.2010.
Brief facts of the present case, inter-alia, are that in election held on 22.2.2008 for Municipal Committee, Nilokheri, District Karnal, petitioner was elected from Ward No.7 under the Scheduled Caste woman category; in a meeting held on 20.3.2008, petitioner was elected as President of Municipal Committee, Nilokheri being the Scheduled Caste woman; petitioner's election as President of Municipal Committee, Nilokheri was notified on 1.4.2008; on 27.9.2010, some of the councilors made complaint against the petitioner, the President of Municipal Committee, Nilokheri and one of the members filed CWP No.17865 of 2010 before this Court seeking mandamus to the authorities to initiate proceedings against the petitioner to discuss "No Confidence Motion"; on 24.11.2010, during the pendency of CWP No.17865 of 2010, the Deputy Commissioner, Karnal and the Sub Divisional Officer (Civil), Karnal issued direction for convening a special meeting for 22.12.2010 in the office of the Municipal Committee, Nilokheri to discuss "No Confidence Motion"
against the petitioner; petitioner filed CWP No.22432 of 2010 before this Court assailing notice dated 24.11.2010 to convene a meeting to discuss "No Confidence Motion", however, the writ petition filed by the petitioner challenging the notice calling meeting to discuss "No Confidence Motion"
was dismissed by this Court against which the petitioner filed LPA No.1793 of 2010 before the Division Bench of this Court, which too was dismissed CWP No.11001 of 2011 3 as withdrawn on the statement of learned counsel for the petitioner; meeting was held to discuss "No Confidence Motion" against the petitioner on 22.12.2010 wherein "No Confidence Motion" was accepted against the petitioner; petitioner was removed from the post of President of Municipal Committee, Nilokheri pursuant to the meeting held on 22.12.2010; on 1.6.2011, communication was issued that since there is no other scheduled caste woman member in the Municipal Committee, Nilokheri, therefore, this time post of President may be filled from the Scheduled Caste male category councilor. Feeling aggrieved, present petition has been filed by the petitioner challenging the resolution accepting "No Confidence Motion", assailing the communication dated 1.6.2011 thereby directing to elect the President from the Scheduled Caste male category (councilor) and for mandamus to command the respondents to appoint the petitioner once again President of the Municipality being only elected candidate in Scheduled Caste woman category.
Mr. Karan Nehra, learned counsel appearing for the petitioner vehemently contends that since as per Rule 70 of the Haryana Municipal Election Rules, 1978 (hereinafter called the 1978 Rules), only three posts of President in different Municipal Committees in Haryana are reserved for the Scheduled Caste woman category. However, the President from the Scheduled Caste woman category can easily be removed by passing "No Confidence Motion" by other councilors belonging to higher caste, therefore, "No Confidence Motion" should not be allowed to be held against the President belonging to Scheduled Caste woman councilor. Learned counsel for the petitioner further contends that even if "No Confidence Motion" is accepted against the petitioner, since petitioner is only CWP No.11001 of 2011 4 Scheduled Caste woman councilor, even then, the post of the President once again should be given to the petitioner being the only Scheduled Caste woman category councilor and the same should not be given to the Scheduled Caste male category. He further vehemently contends that if this mal-practice of passing resolution against the Scheduled Caste category woman President and thereafter, giving the post of President to the Scheduled Caste male category, is permitted to be continued then it would be fraud on the constitutional provisions as well as the provisions of Rule 70 of The Haryana Municipal Election Rules, 1978, whereby 1/3rd posts are to be given to the Scheduled Caste woman category.
I have given serious thought to the arguments advanced by Mr. Karan Nehra, learned counsel for the petitioner.
Although, arguments advanced by learned counsel for the petitioner are attractive, but have no legal substance for the reason, if his first argument is accepted then there would be no "No Confidence Motion"
to remove the President of the Municipality irrespective of her loosing confidence amongst the councilors.
Second argument of learned counsel for the petitioner is that even if petitioner is removed from the post of President by way of "No Confidence Motion", since she is the only scheduled caste woman elected councilor, therefore, once again she should be appointed as President, can not be accepted for the simple reason that if this argument is accepted, then there will be no purpose of passing resolution on "No Confidence Motion".
Third argument of learned counsel for the petitioner that seat of President for the Municipal Committee, Nilokheri, once reserved for the CWP No.11001 of 2011 5 Scheduled Caste woman category, cannot be changed to the Scheduled Caste male category, is concerned, Rule 70 of the 1978 Rules, gives reply to this argument. Rule 70 of the 1978 Rules reads as under:-
"Oath of allegiance and election of President etc.- (1) (a) Unless the Government otherwise directs, the Deputy Commissioner or any gazetted officer appointed by him in this behalf shall within thirty days, after the publication of the notification of the names of the members elected to a committee, convene the first meeting of the newly constituted committee at forty-eight hours notice to be delivered at their ordinary place of residence to administer an oath of allegiance under section 24 of the Act. The notice shall clearly state that the oath of allegiance will be administered to the members present.
(b) The Deputy Commissioner or any gazetted officer appointed by him in this behalf shall, within a period of thirty days of the meeting referred to in clause (a), convene a meeting of the members of the committee at forty-eight hours notice to be delivered at their ordinary place of residence. The notice shall clearly state that the oath of allegiance will be administered to the left over members of the committee and that the election of the President and Vice-President shall be held in the meeting. The convener shall preside over the meeting till the election of the President and Vice-President is over:
Provided that such meeting shall be deemed to be validly CWP No.11001 of 2011 6 convened meeting of the committee. Notwithstanding anything contained in any bye-laws made under the provisions of section 31 of the Act, the administration of oath of allegiance and the election of the President and Vice-President shall be recorded as part of the proceedings in the minutes of the "meetings."
(2) The oath of allegiance shall be administered to a member who was not present at the meetings convened under sub-rule (1) or to a member elected or nominated to fill a casual vacancy subsequently by the Chairman of the meeting at which such member appears to take such oath.
(3) The term of office of the President shall be for five years or the residue of the term of his office as a member whichever is less. The President shall be elected from amongst the members of the Committee.
(4) The offices of the Presidents in the municipalities shall be filled up from amongst the members belonging to the general category, Scheduled Caste, Backward Classes and women by rotation which will be determined in the manner as detailed below:
Provided that the number of offices of the President reserved for the Scheduled Caste and Backward Classes in the State shall bear as may be the same proportion to the total number of such offices of the municipalities as the population of the Scheduled Caste and Backward Classes in the State bears to the total population of the State:
Provided further that not less than one third of the total CWP No.11001 of 2011 7 number of offices of the President in the municipalities shall be reserved for women including the offices reserved for Scheduled Caste and Backward Classes women. The reservation of offices for women shall rotate to different municipalities which will be determined by draw of lots by a committee consisting of the Director, Local Bodies and Deputy Commissioners of the districts concerned or their nominee. If women of the reserved category are not available, then the office of the President shall be filled up from the male member of the said reserved category:
Provided further that the number of offices of the President for Scheduled Caste and Backward Classes shall be determined on the basis of their population and shall rotate to different municipalities firstly, having largest population of Scheduled Caste, secondly, from the remaining municipalities having largest population of Backward Classes and they rotate in the subsequent terms of offices of the municipalities having their next largest population and so on. In case percentage of population of two Municipal Committees or Municipal Councils as regards Backward Classes and Scheduled Caste is the same the reservation will be determined by draw of lots to be conducted by a committee consisting of Director, Local Bodies and Deputy Commissioner of district concerned or his nominee.
Provided further that in case of office of the Municipal Council reserved for the Backward Classes, the President shall be CWP No.11001 of 2011 8 elected from amongst the members belonging to the Backward Classes and in case of Municipal Committees, the member of Backward Class shall be deemed to be elected as President of the municipality reserved for the Backward Classes." From the plain reading of Rule 70, proviso 2, it is just clear that if no Scheduled Caste woman councilor is available then the seat of President can be given to the Scheduled Caste male category. Since petitioner has been removed from the post of President by way of valid "No Confidence Motion", therefore, seat was rightly given to the Scheduled Caste male category as there was no other woman councilor under the Scheduled Caste woman category.
Petition is devoid of merit and hence, is dismissed.
( Alok Singh ) Judge 26.07.2011 sk.