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2020 (12) TMI 1386 - HC - Indian LawsCancellation of process of determining roster, undertaken by Sub Divisional Officers (Civil) in District Hamirpur, on the ground that said process was not in conformity with Rule 10 of Election Rules and provisions of the Act - HELD THAT:- Election Rule 10 prescribes the Deputy Commissioner as an authority who shall issue notice under Rule 10 (8) and who shall give wide publicity with respect to reservation made by him under Rule 10(11). Deputy Commissioner is Officer who is also District Election Officer (Municipalities) under Rule 32(1) of Himachal Pradesh Municipal Election Rules, 2015 and he has no authority to delegate his powers conferred upon him under Rule 10 of Election Rules. Therefore, he was not empowered to appoint or depute SDO (Civil) to undertake the process under Rule 10 of Election Rules. Therefore, his action authorizing SDO (Civil) to undertake process under Rule 10 was contrary to law. In order to attract Section 18 of the Himachal Pradesh General Clauses Act, SDO (Civil), subordinate to Deputy Commissioner at the time of undertaking the process under Rule 10 of Election Rules, must be lawfully performing the duties of the office of Deputy Commissioner as District Election Officer (Municipalities). In present case while undertaking the process under Rule 10 of Election Rules, SDO (Civil) was not working as a subordinate lawfully performing the duties of office of Deputy Commissioner, nor he could be, as Deputy Commissioner acting as District Election Officer (Municipalities) was not empowered to delegate his powers as District Election Officer and appoint his subordinate to exercise his function. It is settled position of law that power to do includes the power to undo. As provided under Section 20 of Himachal Pradesh General Clauses Act, power to make an order includes power to add to, amend, vary or rescind the said order. Therefore, Deputy Commissioner by passing impugned order dated 27.8.2020 has not exceeded his jurisdiction, rather has acted lawfully in order to rectify his mistake and to correct the wrong, as Act and Rules do not empower him to delegate his power to his subordinates and to authorize SDO (Civil) to undertake process under Rule 10 of Election Rules. As the authority to undertake the process under rule 10 of Election Rules was illegal and contrary to law, therefore, process for reservation and rotation of seats undertaken by SDO (Civil) was also illegal, null and void and, therefore, cancellation thereof by Deputy Commissioner does not warrant any interference. There is nothing on record to substantiate the plea of the petitioner that Deputy Commissioner has acted malafide or impugned action is violative of Article 14 of the Constitution of India. For discussion hereinabove, his action and decision cannot be said to be arbitrary or contrary to law, hence warrants no interference. Petition dismissed.
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