KELA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER Smt. Kela Devi has invoked Articles 226 and 227 of the Constitution of India and prays for quashing of the order purported to have been passed by the Returning Officer for election of the Gram Panchayat Akbarpur Barota, Tehsil and Distt. Sonepat. By virtue of the same, the nomination papers of the petitioner for the post of Sarpanch had been rejected and respondent No. 5 Smt. Nirmala Devi was declared to be elected.

(2.) THE relevant facts alleged are that the petitioner is a registered voter of village Akbarpur Barota and belongs to Scheduled Caste. The State Election Commission, Haryana, had issued a notification for holding the Gram Panchayat elections in the State of Haryana. Respondent No. 3 was appointed as a Returning Officer for the election of the Gram Panchayat as referred to above. The petitioner filed nomination papers on 28.2.2000. 1.3.2000 was fixed for scrutiny of nomination papers and 3.3.2000 was fixed for withdrawal of the nomination papers. The election, if necessary, was fixed to be held on 16.3.2000. The post of Sarpanch was reserved for woman scheduled caste candidate.

(3.) ON 3.3.2000 the petitioner was allotted the symbol of "Cycle". After the grant of symbol, the petitioner was busy in her campaign. Suddenly on 5.3.2000 at about 2.00 p.m. one gentleman, who described himself to be the Returning Officer, informed that her nomination paper had been rejected. The petitioner had written a letter to respondent No. 3 requesting him to supply the copy of the order rejecting the nomination paper. It was written on the same application that Banjara is not a scheduled caste but a backward class. The petitioner states that the said order is illegal because, firstly, the petitioner is a scheduled caste and, secondly, once the symbol had been allotted and the date had been fixed for elections, nomination papers could not be rejected.