SATISH KUMAR 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 and quashing the impugned order dtd. 10/4/2023 (Annexure P-8), whereby the petitioner has been removed from the post of President, Municipal Committee, Assandh.

(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 including the Municipal Committee, Assandh, District Karnal. The seat of President of Municipal Committee, Assandh was reserved for Scheduled Caste (Male) Category, as such, the petitioner contested the election to the said seat. 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 a margin of 553 votes.

(3.) Thereafter, Ms. Sonia Bohat daughter of Sh Bhagat Singh, Sh. Princepal Singh son of Sh. Devender Singh and Sh. Rajiv son of Lichman, all residents of Assandh, Karnal, vide complaints respectively dtd. 27/6/2022 and 12/7/2022 have filed false and frivolous complaints against the petitioner alleging therein that the petitioner, at the time of filing of nomination had attached invalid matriculation certificate issued by 'Uttar Pradesh State Open School Board' as the said Board is not available in the list of equivalence issued by the Board of Education Haryana, Bhiwani. On the said basis, it has been alleged that the petitioner suffers from disqualification under Sec. 13A (1)(h) of the Haryana Municipal Act, 1973 (hereinafter referred to as 'the Act of 1973'), and Rule 21(1)(p) of the Haryana Municipal Election Rules, 1978 (hereinafter referred to as the 'Rules of 1978').