DHARAMBIR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner has challenged the order dated 10.05.2016 passed by the Deputy Commissioner, Hisar, by which he has been removed from the post of Sarpanch, in exercise of his powers under Section 51 (3) (c) of the Haryana Panchayti Raj Act, 1994 ( for short, 'the Act') and the order dated 20.07.2016 passed by the Appellate Authority, by which his appeal filed under Section 51 (5) of the Act has been dismissed.

(2.) Learned counsel for the petitioner has submitted that the petitioner was involved in two criminal cases registered vide FIR No.279 dated 02.04.2010 under Sections 420, 467, 468, 471 and 34 of the IPC at Police Station Sadar Civil Lines, Hisar and FIR No.159 dated 11.04.2010 under Sections 420, 467, 468, 471 and 120 B of the IPC also at Sadar Civil Lines, Hisar. In both the cases, the accused/petitioner was convicted on 26.08.2015 and sentenced for a period of three years.

(3.) The elections for the post of Sarpanch were held in January, 2016. The petitioner contested for the post of Sarpanch and at the time of submitting his nomination papers, he clearly mentioned that he has been convicted in the aforesaid cases but his appeals are pending. The petitioner was allowed to contest the election in which he became successful to become Sarpanch of the Gram Panchayat, Salem Garh, Tehsil and District Hisar.