SMT. KHERUNISA @ KHERUNISHAN Vs. SMT. SABANA AND OTHERS

JUDGEMENT

(1.) Election of Gram Panchayat Hunchpuri Kalan, Tehsil Hathin, District Palwal was held on 17.01.2016. The petitioner and respondent No.4 contested this election for the post of Sarpanch. The petitioner was declared elected having been secured 454 votes against 424 secured by respondent No.4. The petitioner's election was challenged by Smt. Sabana wife of Abid (respondent No.1) by way of election petition. The election petition has been allowed and the election of the petitioner has been set aside. She has further been disqualified from contesting the fresh election for the post of Sarpanch.

(2.) The said decision of the Additional Civil Judge (Sr. Division), Hathin, has been challenged by way of the present writ petition.

(3.) In the election petition, the primary contention on behalf of respondent No.1 was that the petitioner was under age on the date of election and hence was not qualified to contest the same. Reference has been made to Section 173 of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act'), which is reproduced below:-