HC: Rule for disqualification of proposer not in public interest

Tribune News Service

Chandigarh, November 20

The rule prescribing the disqualification of a proposer in the nomination form of a candidate for the municipal election was not in public interest, the Haryana State Election Commission has maintained before the Punjab and Haryana High Court.

The assertion came after the candidature of Neeru Sharma, who wanted to contest Farukhnagar, Municipal Committee election, was rejected on the grounds that her proposer in the nomination form did not meet the minimum qualification to become the member of the municipal committee.

Sharma, through her counsel Pardeep Rapria, then challenged the rule on the grounds that the proposer merely identified and proposed the candidature. He had nothing to do with the qualification, sought to be equated with the qualification of the candidate.

Rapria told the court that the rule under challenge imposed same disqualification for the proposer and the candidate. It amounted to the subversion of grassroots democracy envisaged in the Constitution.

The Commission, in response, asserted that it “has sent a proposal to the Government to remove/omit the said Rule from the Haryana Municipal Election Rules, 1978, but the amendment in the said rule is still awaited from the State Govt.”

The Division Bench headed by Justice AB Chaudhary has posted the matter for further hearing on December 18.