WARSINA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge in the instant intra Court appeal is to the order dtd. 22/11/2024 passed by the learned Single Judge of this Court, whereby writ petition (CWP-31458-2024) filed by the appellant was dismissed.

(2.) Before the learned Single Judge, the appellant had laid challenge to the orders dtd. 21/8/2024 and 4/11/2024 (Annexures P-10 and P-11 with the writ petition), passed by the Deputy Commissioner, Nuh and the Divisional Commissioner, Faridabad, respectively.

(3.) The brief facts of the case are that the elections to the post of Sarpanch and Members of Panchayat for village Nawabgarh were held in November, 2022. The appellant having contested the election for the post of Sarpanch, was declared elected. At the time of her election, she had submitted Class 8th certificate issued by Saraswati Shiksha Sansthan (Junior High School), Roshanpur, Gautam Buddha Nagar. A complaint dtd. 10/11/2022 was filed alleging the aforesaid certificate to be forged one. Besides that it was also alleged that the appellant and her husband had been in illegal occupation of the Panchayat land, wherein she and her family members had built a house and been residing therein. Initially, the Deputy Commissioner, Nuh, vide order dtd. 15/9/2023 removed the appellant from the post of Sarpanch, but in an appeal, the Divisional Commissioner, vide his order dtd. 18/10/2023 set aside the said order and directed the Deputy Commissioner, Nuh to conduct an inquiry into the matter and further decide the matter within a period of two months by passing a speaking order. Pursuant thereto, the Deputy Commissioner, Nuh, vide order dtd. 3/5/2024 reinstated the appellant. In an inquiry conducted by a Committee, it was reported that the husband of the appellant was in unauthorized occupation of the Panchayat land and thus, the Deputy Commissioner, Nuh, vide order dtd. 21/8/2024, removed the appellant from the post of Sarpanch in terms of Sec. 51(3)(b) and (c) of Haryana Panchayati Raj Act, 1994 (for short 'the 1994 Act'). The appellant challenged the said order by way of an appeal, but the Divisional Commissioner, vide order dtd. 4/11/2024, dismissed the said appeal. As noticed above, the said orders have been affirmed by the learned Single Judge, while dismissing the writ petition.