LAWS(P&H)-2015-6-54

SUNITA BHATI Vs. STATE OF HARYANA AND ORS.

Decided On June 30, 2015
Sunita Bhati Appellant
V/S
State Of Haryana And Ors. Respondents

JUDGEMENT

(1.) The appellant is aggrieved by the order dated 03.09.2014 whereby learned Single Judge has upheld the appellant's removal from the office of Sarpanch of Gram Panchayat of Village Narhawali, Tehsil Ballabgarh, District Faridabad and further debarred her from contesting future elections for six years.

(2.) The facts may be noticed briefly.

(3.) The appellant who was born and brought up in Village Sonsa, District Mathura (UP), was married in Village Narhawali, Tehsil Ballabgarh, District Faridabad. She contested the election of Sarpanch of Gram Panchayat of village Narhawali held on 06.06.2010 and was duly elected. On a complaint made by respondent No. 5 alleging encroachment on Gram Panchayat land measuring 519.713 sq.yards comprising gair mumkin johar by the husband of appellant and his brother, a fact finding enquiry was held and as per the enquiry report dated 09.07.2012 (Annexure P9), the allegations were proved. Thereafter, show cause notice was given to the appellant and her reply having been found unsatisfactory, the Deputy Commissioner-cum-Collector, Faridabad removed her from the office of Sarpanch vide order dated 13.03.2013 (Annexure P13). The appellant was further debarred from contesting election of Gram Panchayat for a period of six years. She went in appeals which were finally dismissed by Financial Commissioner on 21.05.2013 (Annexure P15). The appellant challenged these orders unsuccessfully before the learned Single Judge, giving rise to this intra-Court Appeal.