SUNIL KUMAR RANA versus STATE OF HARYANA AND ORS.

SUNIL KUMAR RANA versus STATE OF HARYANA AND ORS.

The relevant period of one year for computing the effect of disqualification under Section 13A is to be reckoned from the commencement of the Haryana Act No. 3 of 1994 (5.4.1994), not from the subsequent amending Act No. 15 of 1994, which only substituted words to remove anomalies. The interpretation given by the High Court is correct.

Parties
Appellant: Sunil Kumar Rana; Respondents: State of Haryana and Ors.
Jurisdiction
India
Judgment Date
19 December 2002
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Dismissing Writ Petition
Outcome
Appeal dismissed
Legal Topics
Disqualification of Candidates, Interpretation of Statutes
Municipal Law Election Law Disqualification of Candidates Interpretation of Statutes

Case Brief

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Parties

Sunil Kumar Rana

Appellant

State of Haryana and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Dismissing Writ Petition

Legal Issues

  1. 1 What is the relevant date for the purpose of disqualification under Section 13A of Haryana Municipal Act, 1973 as amended by Haryana Act 3 of 1994 and further amended by Haryana Act 15 of 1994?
  2. 2 Does the disqualification for having more than two children apply from the date of first amendment or the subsequent amendment?

Ratio Decidendi

The relevant period of one year for computing the effect of disqualification under Section 13A is to be reckoned from the commencement of the Haryana Act No. 3 of 1994 (5.4.1994), not from the subsequent amending Act No. 15 of 1994, which only substituted words to remove anomalies. The interpretation given by the High Court is correct.

Court Disposition

Appeal dismissed

Orders

  • No costs.