VINOD K.SHARMA, J. - (1.) THE petitioners have invoked the powers of this Court under Articles 226/227 of the Constitution of India seeking a writ in the nature of certiorari for quashing the resolution dated 5th August, 2005 passed by 8 out of the 17 members of the Municipal Committee, Pinjore, being illegal in the eyes of law as well as to quash the impugned notification dated 8th August, 2005 vide which respondent No. 5-Kuldeep Singh has been notified as President of the Municipal Committee, Pinjore and further sought a writ in the nature of mandamus directing respondent Nos. 1 to 4 to hold the election of the President and Vice-President of the Municipal Committee, Pinjore, afresh.
(2.) THE facts of the case are not in dispute. The petitioners are elected members of Municipal Committee, Pinjore, District Panchkula. The last election to the Municipal Committee was held on 21st of March, 2004 and a meeting of the members was called on 12th April, 2004 for administering oath to the newly elected members. However, the provisions of Rule 70 of the Haryana Municipal Elections Rules, 1978 were violated as election of the President and the Vice-President was not held in the said meeting. Rule 70 of the Haryana Municipal Election Rules, 1978 (hereinafter referred to as the 'rules') reads as under :- "70. Oath of allegiance and election of President etc. - (1) The Deputy Commissioner or any gazetted officer appointed by him in this behalf shall, within a period of (Thirty days) of 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. The notice shall clearly state that the oath of allegiance will be administered to the members present and that the election of President and Vice-President shall be held in the meeting. The convener shall administer the oaths to the members and shall preside over the meeting till the election of the President and the Vice-President. Such meeting shall be deemed to be a validly 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 the 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 meeting. (2) The oath of allegiance shall be administered to a member who was not present at the meeting 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 terms of office of the President shall be for five years or the residue of the terms of his office as a member whichever is less. The president shall be elected from amongst the members of the committee. (4) The office of the presidents in the municipalities shall be filled up from amongst the members belonging to the general category, Scheduled Castes, Backward Classes and women by rotation which will be determined in the manner as detailed below : Provided that the numbers of offices of the president reserved for the Scheduled Castes 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 Castes 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 number of offices of the president in the municipalities shall be reserved for women including the offices reserved for Schedule Casts and Backward Class 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 State Election Commissioner, Haryana 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 members of the said reserved category. In case a woman of the reserved category is elected subsequently, then the office of the President shall be deemed to have been vacated and the elected woman shall be elected as President in accordance with the provisions of these rules : Provided further that the number of offices of the President for Scheduled Castes and Backward Classes shall be determined on basis of their population and shall rotate to different municipalities firstly 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 regard Backward Class and Scheduled Castes in the same reservation will be determined by draw of lots to be conducted by a committee consisting of State Election Commissioner, Haryana 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 elected from amongst the members belonging to the Backward Classes and in case of Municipal Committee, the member of Backward Class shall be deemed to be elected as President of the Committee reserved for the Backward Classes." The meeting of the Municipal Committee was thereafter called on 24th February, 2005 for electing President and Vice-President. In the said meeting only 8 out of 17 members came present. However, the Sub-Divisional Officer (Civil) Kalka, on the presumption that quorum for the meeting was 50 per cent of the elected members, the same was not complete as 9 members were required to attend the said meeting and accordingly the said meeting was adjourned/postponed. Though the meeting was treated to be a special meeting, while adjourning, no date was fixed as required by proviso to Section 27 of the Haryana Municipal Act, 1973 (hereinafter referred to as the 'Act'). Section 27 of the Act reads as under : "27. Quorum - (1) The quorum necessary for the transaction of business at a special meeting of a committee shall be one-half of the number of the members of the committee actually serving at the time, but shall not be less than three. (2) The quorum necessary for the transaction of business at any ordinary meeting of a committee shall be such number or proportion of the members of the committee as may, from time to time, be fixed by the bye-laws, but shall not be less than three :- Provided that, if at any ordinary or special meeting of a committee a quorum is not present, the chairman shall adjourn the meeting to such other day as he may think fit, and the business which would have been brought before, and transacted at, the adjourned meeting, whether there be a quorum present there or not." Thereafter on 2nd August, 2005, a notice was issued for holding election of President and Vice-President on 5th August, 2005. It was made clear in the said notice that a special meeting was to be held under Section 70(1)B of the Rules. The meeting on 5th August, 2005 was held under the Chairmanship of Sub-Divisional Officer (C) Kalka, wherein eight members were present. In the said meeting, Shri Kuldeep Singh was elected as President while Smt. Krishna Lakra, was elected as Vice-President. The election was unopposed.
(3.) ON 8th of August, 2005 in view of the powers conferred under Sections 1 and 2 of the Act, a notification was issued with regard to election of Kuldip Singh as President of the Municipal Committee, Pinjore, Distt. Panchkula.;