BALBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER Balbir Singh and respondent No. 4 Ram Dayal were the only two candidates for election as a Sarpanch of village Manakpur Nanakchand, Tehsil Kalka, District Ambala. The nomination papers of both the contestants were rejected under section 175(j) of the Haryana Panchayati Raj Act 1994, (hereinafter called the Act). Section 175(j) of the Act deals with disqualifications for election as a Sarpanch or Up -Sarpanch or a Panch of a Gram Panchayat. Section 175(1)(j) which is relevant for the purposes of this case, reads as under: -

(2.) CONSEQUENTLY , we allow this Writ Petition and hold that the rejection of the nomination paper of the petitioner was not valid and in accordance with law. The order dated December 5, 1994, (Annexure P -1) rejecting the nomination paper of the petitioner is hereby quashed.

(3.) IT may be noticed here that respondent No. 4 had not put in appearance on February 1, 1995, despite service. He was ordered to be proceeded again ex -parte. Even today nobody has put in appearance on his behalf.