DAYA CHAUDHARY,J. - (1.) THE present writ petition has been filed under Article 226/227 of the Constitution of India for quashing of the Notice dated July 25, 2008 (Annexure P-1) for holding a special meeting to conduct election to the post of President of Municipal Council, Bhiwani. The petitioner has prayed for a direction to the respondents to fill up the causal vacancy first which has occurred on account of death of his father late Shri Nand Lal Chawla and till such time, fresh election for the post of President be deferred.
(2.) THE contention of the petitioner is that total strength of Municipal Council, Bhiwani is 31 and 2 nominated Municipal Councillors are Member of Parliament and Member of Legislative Assembly who have right to vote in the election. One post of councillor has fallen vacant on account of murder of late Shri Nand Lal Chawla (father of the petitioner) and at present there are total 32 councillors. A notice dated July 25, 2008 was issued to hold the election of the President of Municipal Council on August 6, 2008 which has been challenged by the petitioner in the present writ petition.
(3.) MR . Raj Mohan Singh, learned counsel for the petitioner has vehemently argued that on the death of Shri Nand Lal Chawla, the vacancy is to be filled up by holding election from that particular ward and the election is to be conducted within a period of six months. It is also the contention of the counsel for the petitioner that petitioner is aspirant/prospective candidate for contesting election to the post of Municipal Council from that ward and without filling up the vacancy of that particular ward, the election of President will deprive representation of the public of that particular ward as only 32 councillors would be able to cast their votes for President. The counsel for the petitioner has relied upon Sections 15 and 18 of the Haryana Municipal Act, 1973 (hereinafter referred to as 'the Act') to support his arguments. Section 15 and 18 are reproduced as under : "15. Filling of casual vacancies : (1) Whenever a vacancy occurs by the death, resignation or removal, or by the vacation of a seat under the provisions of sub-section (4) of Section 11, of any member, the vacancy shall be filled within six months of the occurrence of such vacancy in accordance with the provisions of this Act and the rules. (2) Every person elected or nominated, to fill a casual vacancy shall be elected or nominated to serve for the remainder of his predecessor's term of office." "18. Election of President and Vice President : (1) Every Municipal Committee or Municipal Council shall, from time to time, elect one of its elected members of be President for such period as may be prescribed, and the member so elected shall become President of the Municipal Committee or Municipal Council. XX XX XX Provided further that if the office of President is vacated during his tenure on account of death, resignation or no-confidence motion, a fresh election for the remainder of the period shall be held from the same category." ;