- (1.) Election of members of the Municipal Committee Ambala City was held on 31.9.1987. Thirty members were duly elected, including Ch. Rajindrepal Singh and ten others, the present petitioners ; and Shri Kirti Parshad Jain and others (respondents No. 5 to 17). Under bye-law 18 of the Haryana Municipal Business Bye-laws, in the first meeting of the municipal committee they were supposed to elect the members of the sub-committees as required under section 31(f) of the Haryana Municipal Act. Four members of each sub-committee were to be elected. The first meeting was held on November 11, 1987. An objection was raised and the meeting was adjourned to seek clarification from the Government of Haryana regarding interpretation to be put on bye-law 18 relating to election of the sub-committees providing selection to be by ballot and "by single non-transferable vote". Without waiting for the clarification of the Government, the second meeting of the committee was held on 19.11.1987. Again, objection was raised regarding the interpretation to be put on bye-law 18. Having not received satisfactory reply, some of the members of the committee boycotted the meeting, whereas the remaining members elected members of the sub-committees, the details of which are given in para 11 of the writ petition. A copy of the resolution passed in the meeting is Annexure P2. Representations were made to different authorities, including the Chief Minister, Minister for Local Bodies, Secretary-cum-Commissioner, Haryana Local Bodies, and Sub Divisional Officer, Ambala City (copy of the same being Annexure P3 dated 24.11.1987). Having received no reply, the petitioners sent a registered notice dated 16.12.1987 (Annexure P4). The petitioners also moved Director, Local Bodies, with a representation (copy Annexure P5 dated 13.1.1988). Since the authorities did not interfere in the matter, civil writ petition being CWP No. 2581 of 1988 was filed in the High Court. The same was dismissed vide copy of the order Annexure P6 dated 4.4.1988, with the following observations :- "The petitioners should first resort to their ordinary remedies known to law. The present case does not call for interference under Article 226 of the Constitution at this stage. Dismissed." Thereafter a petition was sent to the Secretary-cum-Commissioner, Local Self Government, on 6.4.1988, alleging the constitution of the sub-committee as illegal. For want of clarification from the Government regarding interpretation of bye-law 18 it was prayed that resolution dated 19.11.1987, be suspended. Having received no reply, Civil Writ petition No. 7986 of 1988 was filed for a direction to the respondents to decide the representation of the petitioners. The said petition was disposed of vide order dated 27.9.1988. Even thereafter the representation of the petitioners was not decided, when the present writ petition was filed for quashing resolution dated 19.11.1987 (Annexure P2) and setting aside the election of the Sub-Committee as proper procedure was not followed, and further directing the respondents to decided representation P7 and interpret bye-law 18, as also to quash the alleged interpretation of bye-law 18 as given by the respondent-State, as alleged by the Committee.
(2.) Respondents No. 4 to 17 while contesting the writ petition, took preliminary objections that alternative remedies were available which were not availed of and the writ petition was liable to be dismissed, that the present petition was barred by the principle of res-judicata and that the resolution electing members of the sub-committees could not be challenged by way of a writ petition, as remedy of election petition was available. On merits it was alleged that the true interpretation of bye-law 18 was that at the election of the members of the sub-committees, each member could cast votes equal to the number of members of the committee to be elected, and not one vote. It was further averred that since the members were elected for a year, and the period having expired, the writ petition had become infructuous. Different grounds taken in the writ petition were refuted. Annexures R 5/1 and R 5/2 were filed along with the reply, indicating the decision of the State Government on the interpretation of bye-law 18.
(3.) On behalf of the respondents, it has been argued that since the election of the members of the sub-committee could be challenged by filing a election petition, no writ can be issued under Article 226 of the Constitution, quashing the election. After hearing arguments of both the sides, I find that this contention cannot be accepted. Section 31(f) of the Haryana Municipal Act, 1973, empowers the State Government to provide bye-laws for the appointment of sub-committee. Bye-laws 17 of the Haryana Municipal Business Bye-laws provides for the municipal committee to appoint three sub-committees to assist in its administration, such as (1) Finance Sub-Committee, (2) Public Works & Buildings Sub Committee, (3) Sanitation and Water Supply Sub Committee. Bye-law 18 reads as under :- "Each sub-committee shall consist of four members. Members of sub-committees shall be elected at a general meeting of the Committee, as soon as possible, after a new committee has been constituted. Election shall be by a ballot and by single non-transferable vote. The term of the members of sub-committee shall be one year from the date of their election. A member, elected to fill a casual vacancy, shall hold office for the unexpired period of the member in whose place he is elected." As per bye-law 18, each sub-committee has to consist of four members which are to be elected at the general meeting of the committee. Haryana Municipal Election Rules, 1978 , define election under rule 2(e) as under :- " 'election' means the election of a member, president or vide-president of a committee." These Rules, thus govern the election of a member, president or vice-president of a committee. Rule 74 provides that no election shall be called in question except by an election petition presented in accordance with these Rules. Rule 74, thus, has reference to an election defined under rule 2(e) reproduced above. Rule 75 provides for election petition of a member, president or vice-president.;