RAMESH KUMAR Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) By way of the instant writ petition, under Articles 226/227 of the Constitution of India, the petitioner seeks quashing of the impugned communication dated 10.10.2011 (Annexure P-1) and the judgment dated 09.04.2014 (Annexure P-7), passed by respondent No.3, whereby the election petition filed by the petitioner under Section 176 of the Haryana Panchayati Raj Act, 1994, has been dismissed.

(2.) It is contended that the petitioner secured 103 votes, whereas, respondent No.4 secured 93 votes in the elections of Gram Panchayat, held on 06.07.2010. The oath ceremony was to be held on 25.07.2010 and a letter was received by the petitioner for taking oath. However, in the said letter, the name of the father of the petitioner was wrongly mentioned as Dhara Ram instead of Banwari Lal. Both the candidates share common name i.e. Ramesh Kumar, whereas, their father's name were different, due to which the mistake has occurred. A complaint was also made by the petitioner before the Presiding Officer of Ward No.8, Gram Panchayat, Hassangarh, upon which, he made a statement in writing that it was due to his sheer mistake that Ramesh son of Dhara Ram, who secured 93 votes, was declared elected. The petitioner had approached the authorities concerned for redressal of his grievance but in vain.

(3.) The learned State counsel as well as the learned amicus curaie admit the factual position and states inadvertently the father name of the petitioner has been wrongly mentioned in the communication of the oath taking ceremony. The petitioner was the winning candidate from Ward No.8. In fact, the respondent No.2 had written to respondent No.1, vide letter No. 3694 dated 21.12.2010, to the effect that the name of the petitioner be notified in place of respondent No.4 for the post of Panch but the State Election Commission, vide memo dated 10.10.2011, informed that if the mistake is committed by the Returning Officer, no corrigendum can be issued and the affected party may be advised to take appropriate legal remedy.