E-Paper
HC restrains Faridkot DC from holding meet to elect Kotkapura MC chief
Three backward class candidates won from non-reserved wards but if state’s imposed condition is followed, they will be deprived of the chance to become the president
The Punjab and Haryana High Court on Tuesday restrained Faridkot district administration from convening meeting of the municipal council to elect president of Kotkapura MC till further orders.
The high court acted on the plea of Mahinder Kaur and one more, who had contended before court that the April 1 guidelines of urban local bodies department lay down that the selection of the president is to be made as per the reservation and out of the winning members of the ward concerned of that category would be violative of the Article 243-T of the Constitution.
The Supreme Court has already opined that wherever office of the president of a municipality is required to be filled in by a member belonging to a Scheduled Caste, Scheduled Tribe or backward class as the case may be, it would be enough if one belongs to one of those categories irrespective of the fact whether they have been elected from a general ward or a reserved ward, the court was told about interpretation rendered by SC of the Article 243-T.
A total of three backward class candidates have won from non-reserved wards but if state’s imposed condition is followed, these three candidates will be deprived of the chance to become the president. And if only one candidate is allowed to contest for the post of president, then no-confidence motion can never be moved against him as there would be no competition, thus defeating the purpose. The Kotkapura municipal council has 29 wards of which 10 were reserved. Only one candidate has won on the reserved category seat, as per the plea. The case will be taken up again on Wednesday.
