9911796707
TMI Blog2002 (12) TMI 645X X X X Extracts X X X X X X X X Extracts X X X X ..... was allowed and the nomination paper of the appellant was ordered to be rejected. The appellant filed C.W.P. No.3141 of 2000 before the High Court of Punjab and Haryana on 14.3.2000. While the said Writ Petition was pending, the elections were held on 2.4.2000 and the 5th respondent was elected as the member of the Municipal Council from Ward No.31. As a result of the same, on 7.4.2000 the Haryana State Election Commission notified the results. In view of the said subsequent development, the relief prayed for in the Writ Petition was also sought to be modified. Finally, by an order dated 31.10.2001, the Division Bench of the High Court dismissed the Writ Petition holding that the nomination paper of the appellant was rightly ordered to be r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... na Municipal, 1973 (Haryana Act 24 of 1973) as it originally stood prior to the amendments in question did not provide for any such disqualification. It is only for the first time by the Haryana Act, 3 of 1994, Section 13A came to be inserted, which so far as is relevant for this case, reads as follows: 13A. Disqualifications for membership. (1) A person shall be disqualified for being chosen as and for being a member of a municipality (a) . (b) . (c) If he has more than two living children: Provided that a person having more than two children on or after the expiry of one year of the commencement of this Act shall not be deemed to be disqualified Thereafter, by Haryana Act No.15 of 1994 clause (c) of Sub Section (1) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... more than two children on or after the expiry of one year of the commencement of this Act, shall not be deemed to be disqualified . [Emphasis supplied] The legislative intent thus to compute the period of one year from the commencement of this Act meaning thereby Haryana Act No.3 of 1994 is equally explicit and clear. There is, therefore, no rhyme or reason or justification in the claim on behalf of the appellant that the one year period has to be calculated from the date of coming into force of the Haryana Act No.15 of 1994, which merely substituted the word after by the word upto . The result of substitution, as we could see, was to read the provision as amended by the word, ordered to be substituted. The legislature seem to have re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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