RAJBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, a duly elected Sarpanch, is aggrieved by his removal from office.

(2.) The petitioner was elected as the Sarpanch of the Gram Panchayat, Village Khedar, Tehsil Barwala, District Hisar, on 17.01.2016. Belonging to a Scheduled Caste, he was required to possess the minimum qualification of Middle pass (8th class), as per Section 175(v) of the Haryana Panchayati Raj Act, 1994 (hereinafter, 'the Act of 1994'). He produced his 8th class marksheet dated 06.04.1989, issued by Janta Middle School, Bathinda, the 6th respondent, in proof of his qualification. While so, the defeated candidate, the 3rd respondent herein, submitted a complaint on 29.01.2016 alleging that the petitioner had not passed 8th class and that the marksheet issued by Janta Middle School, Bathinda, which was attached with his nomination form, was false.

(3.) Thereupon, the District Education Officer, Bathinda, caused an inquiry to be made into this issue by two School Principals at Bathinda. They submitted Inquiry Report dated 09.02.2016 to the District Education Officer, Bathinda, stating that the Head Master of Janta Middle School, Bathinda, had only shown them the Result Register and that no other record was available in the school. The Head Master was stated to have said that the petitioner was admitted privately. The Principals opined that the certificate was not correct as it had been issued without any record.