AIR 2000 SUPREME COURT 1560 ::2000 AIR SCW 1344 ::(2000) WLC(SC)CVL 402 ::2000 (2) UJ (SC) 1001 ::2000 UJ(SC) 2 1001 ::2000 (2) RecCivR 715 ::(2000) 3 Scale 150 ::2000 (125) Pun LR 667 ::(2000) 2 Pun LR 667 ::(2000) 3 LandLR 9 ::2000 (9) SCC 9 ::2000 (3) Supreme 170 ::(2000) 2 CurLJ(CCR) 40 ::(2000) 4 JT 318 (SC) ::2000 (5) SRJ 121

Supreme Court Of India

(Punjab and Haryana)*

Hon'ble Judge(s): S. Rajendra Babu, R. C. Lahoti , JJ

(A) Punjab Municipal Act (3 of 1911) , S.20— Punjab Municipal (President and Vice-President) Election Rules (1994) , R.3, R.4— Election of President and Vice-President - Rules contemplating election by secret ballot - Female member was illiterate - Casting her vote with help of co-member - Not permissible - Rules in such a contingency reposes confidence in convenor to cast vote of illiterate member by writing 'yes' or 'no' on ballot paper on behalf of such member. (Para 7 9) (B) Punjab Municipal Act (3 of 1911) , S.20— Punjab Municipal (President and Vice-President) Election Rules (1994) , R.3, R.4— Election of President and Vice-President - Meeting convened - One of female members, illiterate - Members demanding election to be held through open ballot - Convenor refused to accede demand since rules contemplated election by secret ballot - Members staged walk out by leaving place of meeting - High Court directing meeting to be resumed from point at which it was adjourned - Cannot, however, direct that candidates who had staged walk-over from being excluded from participation at reconvened meet - Nothing prevents such candidates from coming back and joining in voting. (Para 10) .....