Chandigarh, December 20
A Division Bench of the Punjab and Haryana High Court today verbally observed in an open courtroom that the court may quash the mayor's election scheduled to be held on January 1, if three municipal councillors were found to be ineligible.
The observations were made by the Bench, headed by Chief Justice Vijender
Jain, while adjourning the hearing on a petition against the nomination of three municipal councillors of Chandigarh till January 28.
The Bench aired its view after the counsel for the petitioner said the purpose of the petition would not be served as the elections were to be held on January 1, and the case was to be taken up after that.
Earlier, during the hearing, the respondents presented two voter cards of Neelam Malik and Amrit
Bularia. Reacting to this, the petitioners' counsel said these were old voter cards; and an elector was a person having name in the current electoral roll.
Previous photo identity cards would be of no use unless one has a name in the current electoral roll. The counsel for petitioner contended that absence of name in the current electoral roll meant it has been deleted. As such, he was not the qualification to be a nominated council, the petitioner's counsel argued.
In the petition filed against Neelam
Malik, Amrit Bularia and Arshad Khan, besides UT administration and deputy commissioner-cum-municipal commissioner, the petitioner has sought the quashing of impugned notification of December 21, 2006, vide which UT administration through its home secretary-cum-secretary local bodies had nominated these
councillors.