BIHARI LAL RADA versus ANIL JAIN (TINU) & ORS.

Citation: [2009] 3 S.C.R. 251 · Decided: 13-02-2009 · Supreme Court of India · Bench: LOKESHWAR SINGH PANTA · Disposal: Appeal(s) allowed

Judgment (excerpt)

[2009) 3 S.C.R. 251 
BIHARI LAL RADA 
v. 
ANIL JAIN (TINU) & ORS. 
(Civil Appeal No. 976 of 2009) 
FEBRUARY 13, 2009 
[LOKESHWAR SINGH PANTA AND B. SUDERSHAN 
REDDY, JJ.] 
ELECTION LAWS: 
HARYANA 
MUNICIPAL 
ACT, 
1973/HARYANA 
MUNICIPAL ELECTION RULES, 1978: 
S. 18/r. 70 - Election to office of President of Municipality 
A 
B 
c 
- Held: Even if the post is reserved for SC, ST, BC, Councilor 0 
belonging to SC, ST or BC can be elected even if such 
person is not elected as Councilor from a reserved ward -
Likewise when the post is not reserved, all candidates 
irrespective of the fact whether they have been elected from 
a reserved ward or general ward entitled to seek election as 
president - Constitution of India, Article 243T. 
E 
In this appeal, the election of the appellant as 
President of Municipal Council, Hisar which has been 
quashed by the High Court is in issue. The question 
before the Court was whether the provisions of the 
F 
Haryana Municipal Act, 1973 and the Rules framed 
thereunder curtail and put any embargo on the right of 
the Municipal Councilors elected from the reserved wards 
to contest election for the Office of President of the 
Municipality if by virtue of roaster such office is notified 
G 
to be filled in by the members belonging to the general 
category. 
On behalf of the appellant it was contended that all 
251 
H 
252 
SUPREME COURT REPORTS 
[2009] 3 S.C.R. 
A members of the Municipality, irrespective of the fact that 
they have been elected from reserved wards, are eligible 
to contest to the office of the President/Chairperson 
-
when it falls in the general category; that the office of the 
President/Chairperson once notified falling in the general 
B category simply means that the same is not reserved for 
any particular class of persons or community; and that 
the contest is open to all classes who have been elected 
as members of the ward irrespective of the fact whether 
) 
they have been elected from the wards that were 
c reserved for the Scheduled Castes and the Backward 
Classes or from the wards which remained unreserved. 
On behalf of the respondents, it was contended that 
the appellant being an elected member from a ward 
reserved for backward classes cannot contest the 
D election to the office of the President as the same could 
only be filled in from the candidates belonging to the 
general category. 
Allowing the appeal, the Court 
E 
HELD: 1. Neither Article 243T of the Constitution nor 
Section 10 (5) of the Haryana Municipal Act provide for 
any reservation to the office of the President in favour of 
... 
any candidate who does not belong to Scheduled Caste 
F or Backward Class. Obviously there cannot be any such 
reservation of seats in Municipalities nor to the office of 
Chairperson in favour of candidates belonging to general 
category. There is no separate category like general 
category. The expression belonging to the general 
G 
category wherever employed means the seats or offices 
earmarked for persons belonging to all categories 
irrespective of their caste, class or community or tribe. 
""-
The unreserved seats euphemistically described as 
general category seats are open seats available for all 
candidates who are otherwise qualified to contest to that 
H office. (Para 32) [271-D] 
BIHARI LAL RADA v. ANIL JAIN (TINU) & ORS. 
253 
"· 
2. There is nothing in the provisions of the Haryana 
A 
Municipal Act, 1973 suggesting that in case the office of 
the President of a Municipality is required to be filled in 
from the members belonging to the general category then 
only a member who has been elected as such from an 
unreserved ward alone can stand for election. There is 
B 
nothing in law that a person belonging to Backward 
-' 
Class and got himself elected from a ward reserved for 
that class is debarred from contesting the election to the 
office of President/Chairperson when that office is not 
reserved and meant to be filled in from the members c 
belonging to the general category. [Para 32] [272-B] 
Black's Law Dictionary, Sixth Edition, referred to. 
~ 
3.Wherever the office of the President of a 
Municipality is required to be filled in by a member D 
belonging to 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. Likewise, the office of the 
E 
President of a Mun

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