JAGAT SINGH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The short question which falls for determination in this writ petition is "whether a person having more than two living children could avoid disqualification as envisaged by Sec. 175(1)(q) of the Haryana Panchayati Raj Act, 1994, by giving the child in adoption."

(2.) Undisputed fact unfolded in the pleadings of the parties are that respondent No. 3 was elected as Sarpanch of Gram Panchayat, Gorran in the election held on 16th March, 2000. The petitioner alleged that respondent No. 3 had filed a false affidavit with his nomination papers declaring that he was not disqualified by virtue of provisions made in Sec. 175(1)(q) of the Haryana Panchayati Raj Act, 1994 (for short 'the Act'). He filed a petition before the Deputy Commissioner, Sonepat, challenging the election of the respondent No. 3 under Sec. 177 and prayed for his removal from the office of Sarpanch. The stand of the respondent before the Deputy Commissioner was that the third child born to the wife of the petitioner on 8th February, 2000 was adopted on 10th February, 2000 by his cousin Shri Surat Singh s/o Shri Mange Ram, who was 67 years of age and is a bachelor. The adoption deed was registered on 26th May, 2000. On the basis of the allegations made in the petition, the Deputy Commissioner marked an enquiry to the District Development and Panchayat Officer, who submitted his detailed enquiry report. Respondent No. 3 was given personal hearing and the Deputy Commissioner reached the conclusion that as a matter of fact, respondent No. 3 had incurred the disqualification because he was having more than two living children. He passed a detailed order directing removal of respondent No. 3 from the office of Sarpanch, Gram Panchayat, Gorran. Thereafter, respondent No. 3 filed an appeal before the Financial Commissioner and Secretary, Department of Development and Panchayat, Haryana, as provided by Sec. 177(2) of the Act. The appeal of respondent No. 3 was allowed on 6th December, 2000 and it was held that the Deputy Commissioner failed to appreciate the fact that there was adoption and after adoption, the child does not remain the child of respondent No. 3 and, therefore, the disqualification incurred came to an end. Aggrieved by the order dated 6th December, 2000 passed by the Financial Commissioner and Secretary, Department of Development and Panchayat, Haryana, the complainant has filed the present petition alleging that respondent No. 3 cannot escape the disqualification by giving the child in adoption.

(3.) Respondent No. 2 in his written statement has admitted the factual averment made by the petitioner. It has, however, been added that respondent No. 3 produced an unregistered adoption deed dated 10th February, 2000 before the District Development and Panchayat Officer on a plain paper and another registered deed dated 26th May, 2000 in the enquiry held by him. However, the District Development and Panchayat Officer was of the opinion that those documents were prepared only to circumvent the provision made in Sec. 175(1)(q).