ALKA DEVI Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) This order shall dispose of RA -CW -9 -2016 in CWP -181 -2016, CWP -837 -2016 as well as CWP -882 -2016. The issue which arises for consideration in these proceedings pertains to eligibility of respondent No. 5 (Poonam w/o Kuldeep Kumar) for contesting the election of Sarpanch of Gram Panchayat Ramgarh Road, Block Pehowa, District Kurukshetra. The facts are being extracted from CWP No. 837 of 2016. It is not in dispute that the petitioner as well as respondents No. 5 & 6 filed their nominations to contest the election of Sarpanch which was scheduled to be held on 10.01.2016. The Returning Officer rejected the nomination of respondent No. 5 (Poonam) on the plea that as per the report submitted by the Revenue authorities, her father -in -law (Ranbir Singh s/o Mehan Singh) was in unauthorized possession of the Gram Panchayat land comprising Khasra No. 58//17. A person in unauthorized possession of the Gram Panchayat land is disqualified to hold the office of Sarpanch/Panche etc. as defined under Sec. 175(1)(n) of the Haryana Panchayati Raj Act which reads as follows: - -

(2.) Aggrieved by rejection of her nomination, respondent No. 5 approached this Court in CWP No. 181 of 2016. The petitioner as well as respondent No. 6 also joined these proceedings through their respective counsel.

(3.) Learned counsel for the parties were heard and having regard to the plea taken by writ -petitioner (Poonam) before this Court that her father -in -law was not in unauthorized possession of the Gram Panchayat land and the said land was occupied by the family of one late Deshi s/o Munshi, this Court directed the Deputy Commissioner -cum -District Election Officer, Kurukshetra to hold a fact -finding enquiry and then determine the eligibility of respondent No. 5.