Rule prescribing disqualification of proposer of candidate is not in Public Interest: Election Commission maintain before HC

CHANDIGARH HIGH COURT: On Tuesday, the Haryana State Election Commission, while replying to the petition in the High Court; maintained that the Rule prescribing disqualifications of the proposer of candidate contesting the municipal election, is not in public interest.

The candidature of Neeru Sharma, who wanted to contest the general election of Municipal Committee, Farukhnagar, was rejected on the ground that her proposer in the nomination form did not meet the minimum qualification to become the member of Municipal Committee. Then she through her Counsel Pardeep Rapria had challenged the Rule by taking plea that the proposer merely identifies and proposes the candidature of the candidate and he has nothing to do with the qualification sought to be equated with the qualification of the candidate. Mr. Pardeep Rapria, counsel for Neeru Sharma told the Court that the Rule under challenge; imposes the same disqualification upon the proposer of a candidate as the candidate himself suffers. Such rule amounts to the subversion of grass-root democracy envisaged in the Constitution. Upon this, on 10th May, 2018, the HC had issued notice to the Haryana Govt. and Election Commission.

The Election Commission on Tuesday informed the High Court 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 Haryana Govt. sought more time to file reply. The Division Bench of Justice A.B. Chaudhary, has posted the matter for hearing on 18^th December, 2018.

SEE REPLY OF Dr. P.K. Sharma, Secretary, State Election Commission