SARUP SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This petition under Articles 226/227 of the Constitution of India has been filed by Sarup Singh who asserts that Devinder Singh respondent 3 was a lessee of Gram Panchayat's land and was ineligible to contest the election to the Panchayat of Badh Malik.

(2.) Sarup Singh alongwith Morari Lal, Surinder and Devinder Singh-respondent 3 had filed nomination papers, for election to Sarpanch of the Panchayat, on March 18/19, 2005. April 9, 2005 was the date for withdrawal of nomination, Morari Lal and Surinder withdrew their candidatures. The petitioner now remained the solitary candidate for being elected as Sarpanch as Devinder Singh was ineligible to contest the election. However, Devinder Singh's nomination was accepted and in the election held on April 9, 2005, Devinder Singh was elected Sarpanch.

(3.) On May 2, 2005, the petitioner filed a petition to challenge the election of Devinder Singh. The main ground taken in the petition was that Devinder Singh stood disqualified as he was lessee of panchayat land. Sub- Divisional Magistrate, Sonepat conducted an inquiry and came to the conclusion that, as per resolution of the Gram Panchayat, Devinder Singh was indeed a lessee. No effort was made by the respondents for obtaining the cancellation of the lease from the Competent Authority (DDPO), therefore, Devinder Singh continued to remain a lessee of the Panchayat and the lease was subsisting.