(Case No: Civil Appeal No. 976 of 2009)
Bihari Lal Rada Appellant versus Anil Jain (Tinu) and others Respondents
Date of Decision(mm/dd/yy): 2/13/2009.
Judge(s): Hon'ble Mr. Justice Lokeshwar Singh Panta and Hon'ble Mr. Justice B. Sudershan Reddy.
Subject Index: Election — of the appellant as the President of the Municipal Council, Hisar — set aside by the impugned judgment of the DB of Punjab & Haryana High Court — appeal — the question which arises for consideration in this appeal is: 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 — 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 — the word `General' derived from Latin word genus. It relates to the whole kind, class, or order. Pertaining to or designating the genus or class — wherever the office of the President of a Municipality is required to be filled in by a member belonging to Scheduled Caste, Scheduled Tribe or Backward Class as the case may be it would be enough if one belongs to one of those categories irrespective of the fact whether they have been elected from a general ward or a reserved ward. Likewise, the office of the President of a Municipality if not reserved or meant for general category, all the candidates irrespective of their caste, class or community and irrespective of the fact whether they have been elected from a reserved ward or a general ward are entitled to seek election and contest to the office of the President of the Municipality — the High Court ought not to have interfered with the proceedings whereunder the appellant was declared to have been duly elected as the President of Municipal Council, Hisar. The impugned judgment is, accordingly, set aside.