RAM AVTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner, who was seeking election as Sarpanch of village Basunda, was denied election to such post by the Presiding Officer who rejected his nomination paper on 7 -12 -1994 holding that he was in unauthorised possession of Shamlat land regarding which the matter was pending in the Court of law.

(2.) AGGRIEVED of the said order, the petitioner is seeking the writ of certiorari for quashment of such order of rejection contained in Annexure P -1, and a direction in the form of mandamus asking the respondents Nos. 1 to 4 to allow the petitioner to contest for the said post of Sarpanch for which, election was to be held on 19 -12 -1994. It is contended by the petitioner that his nomination paper has been rejected by the presiding officer wrongly, who has no jurisdiction whatsoever to cancel the nomination paper of the petitioner, for no documents were produced before the Presiding officer to show that the petitioner was in unauthorised possession of some shamlat land and the order of rejection was passed illegally without jurisdiction by the Presiding officer with mala fide intentions.

(3.) WE have heard the learned counsel for the parties and also bestowed our thoughtful consideration over the record on the file.