NARNEDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this writ petition, the petitioner, who claims himself to be the sitting Sarpanch of Gram Panchayat, Rajpur and Chairman of the Block Samiti, Ganaur and who is presently lodged in the District Jail, Sonepat, has prayed for striking down of rule 27 of the Haryana Panchayati Raj Rules, 1994 and has also prayed that the action of respondents 4 and 5 in rejecting his nomination paper be declared as unlawful and he be allowed to contest the election scheduled to be held on 19.12.1994.

(2.) The petitioner has alleged that being the representative of the public he is actively involved in the welfare of his region. He had filed his nomination paper for the office of sarpanch of village, Rajpur through his agent before the District Election Officer, Sonepat on 3.12.1994. On that very day he had also filed nomination paper through his duly authorised agent for Ward No. 17 of the Zila Parishad Sonepat. His nomination papers were duly attested by the Deputy Superintendent of Jail, Sonepat. However, the respondent No. 4, who is Returning Officer for election to the Zila Parishad for ward No. 17 refused to accept nomination paper of the petitioner by making reference to rule 27 of the Haryana Panchayati Raj Rules, 1994 (for the short 'the rules'). Subsequently, his nomination paper for the office of sarpanch was also rejected by the Returning Officer on 7.12.1994 on the basis of rule 27 of the rules.

(3.) In his petition, the petitioner has made a reference to the fact that due to political rivalry, a first information report was registered against him in January, 1993. He was arrested but was enlarged on bail. His bail was canceled on 18.10.1994 by the trial court and since then he is again detained in the District Jail, Sonepat.