SUNIL KUMAR RANA Vs. STATE OF HARYANA
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
SUNIL KUMAR RANA
STATE OF HARYANA
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D. Raju, J. -
(1.)Special leave granted.
(2.)The appellant filed his nomination on 7.3.2000 for contesting the election to the Municipal Council, Karnal, as a member from Ward No. 31. After overruling the objections of another candidate (5th respondent) the Returning Officer accepted the same. The 5th respondent filed a revision challenging the acceptance of the nomination before the Deputy Commissioner, Karnal, and by an order dated 11.3.2000, the revision was allowed and the nomination paper of the appellant was ordered to be rejected. The appellant filed C.W.P. No. 3141 of 2000 before the High Court of Punjab and Haryana on 14.3.2000. While the said Writ Petition was pending, the elections were held on 2.4.2000 and the 5th respondent was elected as the member of the Municipal Council from Ward No. 31. As a result of the same, on 7.4.2000 the Haryana State Election Commission notified the results. In view of the said subsequent development, the relief prayed for in the Writ Petition was also sought to be modified. Finally, by an order dated 31.10.2001, the Division Bench of the High Court dismissed the Writ Petition holding that the nomination paper of the appellant was rightly ordered to be rejected.
(3.)The factual basis, which provided the ground for his disqualification and consequent rejection of the nomination, is that at the time of filing his nomination, the respondent had four children and that of the said four children, two were born after the coming into force of the Haryana Municipal (Amendment) Act, 1994 (Haryana Act No. 15 of 1994) the actual date of birth of them, twins being 11.5.1995, as per the municipal records. The stand of the appellant was and even now before us is that the relevant date for determining the disqualification is the coming into force of the Haryana Municipal (Amendment) Act, 1994 - (Haryana Act No. 15 of 1994) voz., 4.10.1994, the date of publication of the Amendment Act in the Government Gazette and not 5.4.1994, the date of coming into force of the Haryana Municipal (Amendment) Act, 1994 (Haryana Act No. 3 of 1994). The High Court was of the view that into disqualification will operate after 5.4.1995 - on the expiry of the period of one year from 5.4.94, the date of coming into force of the Amendment Act No. 3 of 1994. Per contra, the claim of the appellant was that the disqualification will be attracted only after 4.10.95 the expiry of one year from the date of coming into force of the Amendment Act No. 15 of 1994.
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