- (1.) The petitioner and respondents 1 to 21 were candidates for election from Ward No. 1 to the Municipal Committee, Rewari - a double member constituency - and filed their nomination papers on or before January 27, 1968. Respondents 1 to 8, 12, 17 and the petitioners were candidates for the reserved seat while Respondents 10, 11, 13 to 16 and 18 to 21 were candidates for the general seat. Respondent 1 Mohan Lal was declared elected from the reserved seat while Matadin Respondent 21 was declared elected from the general seat. Their election from Ward No. 1 to the Municipal Committee, Rewari, is challenged as illegal and void on the following grounds :- 1. Shri Mohan Lal Respondent contested the election to the Legislative Assembly, Haryana, from Bawal constituency in 1967. He did not file account of his election expenses within the time prescribed and in the manner required by the Representation of the People Act, 1951, and the rules framed thereunder. The Election Commission disqualified him for being chosen as, and for being a member of either House of Parliament or of the Legislative Council of a State for a period of three years with effect from December 2, 1967. It is urged that because of this disqualification he was not eligible for election as a member of any Municipal Committee under Rule 7(k) of the Punjab Municipal Election Rules, 1952.
(2.) The nomination paper filed by Mohan Lal Respondent 1 who was contesting the reserved seat did not comply with sub-rule (2) of Rule 11 of the Punjab Municipal Election Rules, 1952 inasmuch as the declaration of the candidate that he is a member of Jatia Chamar caste which is a Scheduled Caste of the State of Haryana on the nomination paper was not verified by any prescribed authority.
(3.) The petitioner raised these objections before the Returning Officer but the same were dismissed by order dated February 5, 1968. The petitioner filed a revision against that order before the Deputy Commissioner Gurgaon, which was also dismissed on February 15, 1968. The petitioner has now filed the present writ petition to have the orders dated February 5, 1968, and February 15, 1968, quashed.;