LAWS(P&H)-2014-7-503

SHANTI DEVI Vs. STATE OF HARYANA

Decided On July 21, 2014
SHANTI DEVI Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THE petitioner has been unable to produce a notification of the Haryana Government in the Department of Panchayats declaring him a duly elected Panch in the Panchayat Elections held in Haryana in 2010. Mere possession of an Identity Card (Annexure P1) said to be issued by the Block Development and Panchayat Officer, Khol -cum -Special Executive Magistrate is not conclusive proof of being an elected Panch of Gram Panchayat, Village Manethi, Tehsil and District Rewari. Merely because the petitioner functioned as a Panch for 4/5 months will not give her a right to hold the post of Panch. It is also highly doubtful whether an election dispute would lie before the Civil Court in a suit while the Court is not acting as an Election Tribunal duly constituted to hear election disputes.

(2.) RECOUNTING is not a right as observed by this Court in CR No. 454 of 2014, Deepak Sharma v. Hardeep Kaur and others, decided on May 12, 2014 which reads as under:

(3.) NO merit. Dismissed.