Nominated MPs, MLAs in civic body can vote
By Our Legal Correspondent

CHANDIGARH, Aug 11 — In a landmark judgement concerning the voting rights of nominated members of Parliament, state assemblies and municipal committee, a Full Bench of the Punjab and Haryana High Court declared the part of proviso to Section 9(3) of the Haryana Municipal Act, 1974, debarring those nominated as MLAs and MPs from exercising their right to vote, as ultra vires of the Constitution.

The Bench held Section 9(3) as repugnant and contrary to provisions, spirit and basis structure contained in Article 243(R) and scheme of chapter IX-A of the Constitution and struck it down.

Mr Justice H S Brar, Mr Justice K. S. Kumaran and Mr Justice Swatantar Kumar comprised the Bench. A Division Bench had earlier referred the question to the Full Bench in view of the conflicting judgements on some of the points raised in the writ petition.

The petition was filed by Mr Raj Pal Chhabra, the then president of the Municipal Committee, Indri (Karnal), who was removed from his post by a no-confidence vote in a resolution dated July 13,1995.

The committee comprised 18 members, of which 13 were directly elected, two were nominated from amongst members of the Lok Sabha, Rajya Sabha, and state assembly representing areas falling in the municipal committee. "Three members were nominated for their special knowledge or experience in municipal work," as provided under the Haryana Municipal Act.

In the no-confidence motion against Mr Chhabra, out of the 13 directly elected members, nine voted in favour of the no-confidence motion and four against. The other five nominated members under the provisions of the Act had no right to vote. The plea taken by Mr Raj Chhabra was that the resolution was not carried by the requisite two-thirds majority which according to him, came to 12 out of the 18 members. The respondents on the other hand, contended that as per the amended provisions, the resolution would be deemed to have been passed with the requisite two-thirds majority of nine of the 13 elected members.

The Bench observed that in view of "the settled position of law we are not in a position to accept the contention that persons specified under clause (ii) and (iii) of section 9(3) ( i.e. MLAs and MPs) will have no right to vote". The provision to that limited extent would be ultra vires of the constitutional provisions, the Bench held.

The law enacted on the strength of delegated legislation "cannot be permitted to frustrate such an indispensable right".

It, however, upheld that the other three members nominated by the state for their special knowledge had no right to vote .

As a consequence, the Bench held that the motion could not be said to have been carried by the requisite two-thirds majority.

The court allowed the writ petition and set aside resolution No 62 passed by the municipal committee. The petitioner was held entitled to all consequential reliefs. However, the respondents were allowed to act in accordance with law, keeping in view peculiar circumstances of the case.

Countrywide strike by teachers near-total
Use of ESMA in Haryana condemned
Tribune News Service and agencies

NEW DELHI, Aug 11 (PTI) — Academic work in colleges and universities across the country was affected today when over four lakh teachers went on an indefinite strike demanding higher wages.

The stir, spearheaded by the All-India Federation of University and College Teachers’ Organisation (AIFUCTO), demanding the implementation of the recommended UGC scales, was near-total, reports reaching here said.

In Bihar, over 18,000 teachers from 11 varsities struck work to press for the fulfilment of their demands while the Federation of University and College Teachers' Associations in Karnataka claimed the strike was 100 per cent.

Academic work was paralysed in Tamil Nadu where nearly 4,000 teachers stayed away from work.

The stir affected three lakh students in Gujarat where 12,000 teachers belonging to various faculties struck work.

No classes were held in colleges and varsities all over West Bengal where more than 12,000 teachers went on an indefinite strike, claimed general secretary of West Bengal College and University Teachers’ Association Anil Bhattacharya.

He demanded the implementation of revised pay-scales as recommended by the UGC uniformly across the country.

A report from Bangalore said about 12,000 college teachers did not report for duty today in Karnataka.

The Federation of University and College Teachers’ Associations in Karnataka (FUCTAK), which is spearheading the agitation, said about 12,000 college teachers did not report for duty, while their counterparts numbering about 4,000 in six universities, who were not affiliated to the FUCTAK, signed the attendance registers but refrained from teaching.

Academic work in Delhi University in the Capital was affected today as teachers went on an indefinite strike.

The stir was near-total.

The Delhi University Teachers’ Association (DUTA) said that the strike was a "complete success".

An association spokesman said the general body of DUTA had also approved the planned indefinite strike call from August 17 given by the Federation of Central University Teachers Association.

Meanwhile, differences seem to have emerged between the different teachers’ organisations of Delhi University over accepting the pay-scales announced by the Union Human Resource Development Ministry.

The general body of DUTA, has, however, passed a resolution to go on a five day strike from August 17.

CHANDIGARH: The indefinite strike call by the All-India Federation of University and College Teachers Association paralysed teaching work in the region here today.

Teachers organised protest rallies and ‘dharnas’ at various places. Invoking of the Essential Services Maintenance Act (ESMA) for six months in Haryana also came in for sharp criticism from various teacher leaders.

According to reports reaching here the strike evoked mixed response in Hisar. While the strike was complete in all colleges, there are reports of work at Guru Jambeshwar University and CCS Haryana Agriculture University.

The strike was complete in Panjab University and aided and non-aided colleges in the city. Prof N.P. Manocha, Finance Secretary of the Punjab and Chandigarh College Teachers Union, said the strike was complete in colleges of the city. Teachers are demanding implementation of the revised UGC scales. Dr Rabinder Nath Sharma, president of the Chandigarh unit of the PCCTU, said teachers would not undertake any university work and boycott all functions during their agitation.

A rally was organised on Panjab University campus in which college teachers also participated. Addressing the gathering, Dr Satya P. Gautam said the government was misleading the public through advertisements by feeding wrong information about salary grades being offered. The total pay package figures quoted by the government were highly inflated.

Dr N.S. Mann, president of PUTA, condemned the imposition of ESMA in Haryana against college and university teachers. Others who spoke on the occasion included Dr M. Rajivlochan, Prof Charanjit Chawla and Prof R.R. Rawat.

Reports from Rohtak said teaching work in Maharshi Dayanand University and its affiliated colleges was affected. Teachers also took out processions apart from boycotting the classes. Mr W. Nehra, convener of the Haryana Federation of College and University Teachers Organisations, alleged that government was indulging in false propaganda by issuing misleading advertisements.

Members of the Kurukshetra University Teachers’ Association staged a rally-cum-dharna in front of Arts Block I. Dr (Ms) Shail Tiwari and Dr Shaminder Jit Singh, president and secretary of the union, criticised the government for not releasing higher scales.

Nearly 1000 teachers from all 18 colleges in Jalandhar organised a dharna in front of DAV College. Prof J.S. Randhawa and Dr R.B. Singh, president and secretary of the district council of the PCCTU, respectively, said a protest day against the Punjab government would be observed on August 18.

Teachers of Modi College and Khalsa College, Patiala, Public Colleges, Samana and PMN College, Rajpura, held a joint rally in Patiala. Prof Balvir Singh, Prof M.M. Gupta and Prof P.K. Singla addressed the rally.

According to a report from Bathinda, members of the Government College Teachers Association (GCTA) in Rajindra Government College boycotted classes. Teaching work was also boycotted in Guru Nanak Dev University, Amritsar and its Regional Centre in Jalandhar. Dr R.K. Bedi, president and Mr Devinder Singh, secretary of the GNDUTA, said classes would not be held till the government conceded their legitimate demands. However, Keeping in view interests of students, the examination and evaluation work was not boycotted.

Prof S.S. Hundal condemned the way teachers were "roughed up" at Punjabi University gate yesterday when they wanted to submit memorandum to Dr Murli Manohar Joshi, Minister of Human Resource Development.

A rally was also held at BBK DAV College for Women, Amritsar.

Approximately 300 teachers from various non-government affiliated colleges assembled at the Mini Secretariat, Ludhiana, where teachers from colleges at Khanna, Doraha, Raikot, Dakha, Jagraon, Sudhar, Narangwal and Sidhwan Khurd also joined.

Teachers of Punjab Agriculture University also held a rally in front of the Administrative Block of the university at Ludhiana. Dr D.K. Batra, president of PAUTA, said all teaching, research and extension work in the university will remain suspended till August 16. Similar reports were also received from Phagwara, Panipat, Jind and Faridkot.

Response to the strike in Shimla where a call for it was given by the Himachal University Teachers Association was nearly complete. Mr Rajinder Chauhan, president, "lambasted" the government for giving misleading advertisements. The fact is that a teacher will receive Rs 16 lakh less than his counterpart in IAS during 32 years of service, he added.