ANJU BALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through the instant writ petition, the petitioner herein prays for the issuance of a writ of Certiorari for setting aside order dtd. 28/11/2022 (Annexure P-7), wherebys the State Election Commission has removed the petitioner from the post of President, Municipal Council, Sohna. Factual Background

(2.) The State Election Commission, Haryana, vide notification No.SEC/1ME/2022/1481 dtd. 23/5/2022, issued a programme for conducting general elections for the post of President and Members of all wards of 28 Municipal Committees and 18 Municipal Councils in the State. The petitioner contested the election for the post of President, Municipal Council, Sohana, Gurugram. The elections for the said municipal committee was conducted on 19/6/2022 and the result was declared on 22/6/2022 whereby the petitioner was declared as the winner by securing 12185 votes.

(3.) Thereafter, Smt. Lalita-respondent No. 8, resident of Sohana, Gurugram vide complaint dtd. 28/6/2022, rather allegedly raised frivolous allegation against the petitioner, that the petitioner, at the time of filing of nomination for the post of the President, rather had attached therewith an invalid/fake mark sheet for Class VIII. Resultantly, in the complaint, it was alleged that the petitioner suffers from a disqualification, as contemplated under Sec. 13A (1)(h) of the Act of 1973 and also under Rule 21(1)(p) of the Haryana Municipal Election Rules, 1978 (hereinafter referred to as the 'Rules of 1978'). Therebys, the petitioner was served with a show cause notice dtd. 21/9/2022 (Annexure P-4) by the State Election Commissioner, exercising the powers under Sec. 131 of the Act of 1973, and therefore, she was directed to give reply till 28/10/2022, to the aforementioned allegations. Consequently, acting upon the said show cause notice, the petitioner gave a comprehensive reply on 28/10/2022.