DHARAMPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge herein is to the order dated 12.04.2019 passed by the Deputy Commissioner , Panchkula, removing the petitioner from the office of Sarpanch of Gram Panchayat of village Bhoj Paunta in exercise of the powers vested under Section 51 of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as 'the 1994 Act'). On 19.02.2020, the appeal before the Principal Secretary, Department of Development and Panchayat, Haryana was also dismissed.

(2.) In the elections held in January, 2016, the writ petitioner was elected to the office of Sarpanch of the Gram Panchayat. The writ petitioner claims that he is matriculate, hence, eligible to hold the office of Sarpanch. The Deputy Commissioner, Panchkula, has removed the petitioner from the office of the Sarpanch after finding that the petitioner has not passed matriculation examination from any recognized institution/board. Thus, the primary issue which arises in the present case is "whether the petitioner has passed matriculation examination from any recognized institution/board or not?

(3.) The State of Haryana amended the 1994 Act in the year 2015 by the Haryana Panchayati Raj (Amendment) Act, 2015. Relevant amendment for the purpose of decision of this case is in Section 175 of the 1994 Act. It has been provided that no person shall be a Sarpanch or a Panch of a Gram Panchayat or a member of a Panchayat Samiti or Zila Parishad unless he has passed matriculation examination or its equivalent examination from any recognized institution/board. For women candidates as well as candidate belonging to Scheduled Caste, the minimum qualification is middle (8th class). For women candidates belonging to Scheduled Caste, the minimum qualification is 5th class, if she wants to hold the office of Panch. Relevant part of Section 175 is extracted as under: -