RAJ PAL Vs. STATE OF HARYANA AND ANR.

JUDGEMENT

(1.) Phul Chand a resident of village Dhorang had made a complaint against the petitioner. It was alleged that he was not qualified to contest the election to the office of a Member Panchayat as he had a four living children. It was further pointed out that the fourth child was born on June 24, 1995. Notice of the complaint was given to the petitioner. After thorough examination of the matter, the Deputy Commissioner passed the order dt. Feb. 22, 2001, holding that the fourth child was born on June 24, 1995. In view of the provisions of Sec. 175(1)(g) of the Haryana Panchayati Raj Act, 1994, he was not eligible to hold the office of the Member Panchayat. Thus, he was ordered to be removed. A copy of this order is at Annexure P -1 with the writ petition. Aggrieved by the order, the petitioner filed an appeal. It was dismissed by the Financial Commissioner and Secretary to Govt. Haryana vide order dt. January 9, 20002. The findings recorded by the Deputy Commissioner were confirmed.

(2.) Aggrieved by the two orders, the petitioner has approached this Court with the prayer that the provisions of Sec. 175(1)(g) of the Haryana Panchayati Raj Act, 1994 be declared ultra vires the constitution and that the impugned orders be quashed.

(3.) We have heard Mr. Dinarpur, Ld. counsel for the petitioner. Besides challenging the vires of the provisions, the counsel has submitted that the findings recorded by the authorities are contrary to the entry in the register maintained by the Anganwari workers of the village. Ld. counsel has also pointed out that the record of the Anganwari is authentic. Thus, the counsel prays that the impugned orders be quashed.