Apex Law Journal
Apex Law Journal
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Haryana Municipal Act, 1973

Saturday, March 14, 2009
Haryana Municipal Act, 1973

Haryana Municipal Act, 1973 — Section 18 read with Section 10 — Haryana Municipal Elections Rules, 1978, Rule 70(4) — Constitution of India, 1950, Article 243T — Whether the provisions of the 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 Municipality if by virtue of roaster such office is notified to be filled in by the members belonging to the general category? — Held, no — There is nothing in the provisions of the Act, 1973 suggesting that in case the office of the President of a Municipality is required to be filled in from the members belonging to the general category then only a member who has been elected as such from an unreserved ward alone can stand for election — There is nothing in law that a person belonging to Backward Class and got himself elected from a ward reserved for that class is debarred from contesting the election to the office of President/Chairperson when that office is not reserved and meant to be filled in from the members belonging to the general category — The expression belonging to the general category wherever employed means the seats or offices earmarked for persons belonging to all categories irrespective of their caste, class or community or tribe — Appeal allowed — Judgment of the High Court set aside.     

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