MASHOON Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed the present petition for issuance of a writ in the nature of mandamus directing the official respondents to cancel the nomination paper of respondent No.5 for the post of Panch for Ward No.7 of village Chandraka Pingwan, Punhana, District Mewat, Haryana since he (respondent No.5) was earlier having his vote in village Dungeja, District Mewat which he had used at the time of Panchayat elections held in the year 2022 in respect of village Dungeja, District Mewat. Further prayer has been made for issuance of directions to the official respondents to decide the representations dtd. 26/6/2023 (Annexures P-3 and P-4) moved by the petitioner before conducting the elections which are scheduled to be held on 9/7/2023.

(2.) Brief facts of the case are that the petitioner applied for the post of Panch for which nominations were to be filed from the period 21/6/2023 to 26/6/2023. The petitioner filed his nomination for the said post being eligible for Ward No.7 of village Chandraka Pingwan, Punhana District Mewat (Haryana). The said post was reserved for BCA category candidates. After filing his nomination papers, the petitioner came to know that one candidate i.e. respondent No.5, who is a resident of village Dungeja, District Mewat and was having his vote in the said village (vide Vote No. YHS1698000), has also filed his nomination papers for the post of Panch for ward No.7 in village Chandraka Pingwan, Punhana District, Mewat, the elections for which are scheduled for 9/7/2023. Despite having his vote in village Dungeja, District Mewat, respondent No.5 intentionally and wilfully prepared his vote in village Chandraka with the help of official respondents in a fraudulent manner and filed his nomination papers for the post of Panch for Ward No.7 in the said village without even cancelling his earlier vote in village Dungeja, Mewat.

(3.) Learned counsel for the petitioner contends that despite having his vote in village Dungeja, District Mewat, respondent No.5 has mischievously prepared his vote in village Chandraka by illegal means with the help of the official respondents in a fraudulent manner and his nomination papers for the post of Panch for Ward No.7 in the said village are liable to be cancelled since he has not got his earlier vote cancelled in village Dungeja. The act and conduct of respondent No.5 in using his vote in village Dungeja at the time of Panchayat elections held in the year 2022 would render his nomination in village Chandraka to be illegal. Learned counsel for the petitioner further contends that respondent No.5 is not eligible to contest the present elections for the post of Panch for Ward No.7 of village Chandraka.