ANGURI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer made in this petition is for striking down Explanation 2(ii) to Section 175 of the Haryana Panchayat Raj Act, 1994 (hereinafter referred to as 'the Act'), being ultra vires the Constitution of India and for issuance of a writ of certiorari quashing the order dated 7-3-1995 passed by the Director of Panchayat, Haryana (copy of which has not been attached) and the order dated 10-7-1995, Annexure P-7, passed by the Financial Commissioner and Secretary to Government Haryana, Development and Panchayats Department, Chandigarh, whereby the petitioner has been declared to be disqualified from holding the office of Sarpanch. Petitioner has also sought a writ of mandamus directing respondents 1 to 3 to allow her to continue as Sarpanch having been duly elected.

(2.) State Election Commission, Haryana in exercise of its powers vested under the Act and ule 24 of the Haryana Panchayati Raj Act (Election) Rules, 1994, issued a notification dated 30-11-1994 calling upon the residents of Haryana to elect its Panchas, Sarpanchas, Members of Panchayat Samitis and Zila Parishads. Time schedule as prescribed by the Commission was :-"(a)Period for making a1-12-1994 tonomination2-12-1994(b)Date of scrutiny6-12-1994(c)Date of withdrawal6-12-1994(d)Date of poll15-12-1994."Facts as stated in the petition are that :-

(3.) Petitioner is the wife of Jagpal Singh, who remained Sarpanch of Village Dhaurang continuously for two terms. He had done appreciable development and effected improvement during his tenure as such. While relinquishing the charge of Sarpanchship in the year 1991, Jagpal Singh handed over a cash amount of Rs. 1,48, 386-06 to Rishi Pal, respondent No. 4. As the post of Sarpanch was reserved for a woman candidate, petitioner being the wife of Jagpal Singh and wife of respondent No. 4 contested the election for the post of Sarpanch. On coming to know that the petitioner was contesting the election, Rishi Pal respondent No. 4, sent a notice dated 28-10-1994 which was received by Jagpal Singh on 5-11-1994, asking him to deposit the balance amount due to the Gram Panchayat on the basis of some alleged audit report purposely to get the petitioner declared ineligible from contesting the election with a mala fide intention. Jagpal Singh sent his reply, Annexure P-3, with a copy to the Block Development and Panchayat Officer requesting to supply him the inquiry report on the basis of which the money was found due againat him. He further stated that an inquiry be conducted against him and if any amount was found due against him, he would pay the same immediately. It was asserted that nothing was due against him and the proposed action was taken with mala fide intention at the last moment to deprive the petitioner of her right to contest the election against the wife of respondent No. 4.