KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner-Krishan has filed the present writ petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of certiorari, for setting aside the order dtd. 30/1/2024 (Annexure P-10) passed by the learned Deputy Commissioner, Jind whereby, he has been removed from the post of Sarpanch of Gram Panchayat, Village Gongoli, Block Pillu Khera, District Jind.

(2.) Briefly, the petitioner was elected as the Sarpanch of Village Gongoli in the year 2022. Subsequently, respondent No.6-Mahender Singh Malik, submitted a complaint against the petitioner that at the time of election, he had submitted a fake 10th Class certificate. On the basis of the above-referred complaint submitted by respondent No.6, proceedings were initiated against the petitioner wherein, a Show Cause Notice dtd. 18/1/2023 (Annexure P-5) was issued to him, for which, he submitted his reply dtd. 6/2/2023 (Annexure P-7) wherein, it was inter alia stated that the petitioner had completed his 10th Class from the Uttar Pradesh Open School Board vide Roll No.17040138. It appears that the learned Deputy Commissioner, vide order dtd. 5/4/2023 (Annexure P-8) suspended the petitioner from the post of Sarpanch and even an appeal filed by the petitioner against his suspension order was dismissed by the learned Commissioner, Hisar Division, Hisar, vide order dtd. 26/9/2023 (Annexure P-9). Subsequently, upon consideration of the matter, the learned Deputy Commissioner, Jind, vide order dtd. 31/1/2024 (Annexure P-10), removed the petitioner from the post of Sarpanch, in exercise of his powers under Sec. 51(3)(c) of the Haryana Panchayati Raj Act, 1994 (in short 'the 1994 Act') primarily on the ground that the 10th Class certificate produced by the petitioner is not recognized by the Haryana State Government.

(3.) Learned counsel for the petitioner has submitted that the authorities below have erred in law and fact in passing the impugned orders and the petitioner has been wrongly removed from the post of Sarpanch only on the ground that the 10th Class certificate produced by him from the Uttar Pradesh Open School Board is not recognized by the Haryana Education Board. It is submitted that the petitioner is sought to be removed from the post of Sarpanch on account of an alleged disqualification, in terms of Sec. 175(v) of the 1994 Act, which envisages that a man ordinarily aspiring for the post of Sarpanch must have passed a matriculation examination or its equivalent, from recognized institution/board. It is submitted that as regards Sec. 175(v) of the 1994 Act is concerned, it is not necessary that such recognition must be by a local board or institution in the State of Haryana only and rather the same can be recognized by any institution/board from any other State. Accordingly, it is submitted that the petitioner has been wrongly non-suited and prayer has been made for setting aside the impugned orders.