VISHPAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner, ex situ Sarpanch of Village Agondh has filed the present writ petition under Articles 226/227 of the Constitution for quashing of the impugned judgment dated 13.08.2018 passed by learned Additional Civil Judge (Sr. Div.), Guhla, whereby the election petition filed by respondent no.4- Birender Singh under Section 175 and 176 of the Haryana Panchayati Raj Act, 1994 (for short 'Act') was accepted and election of the petitioner has been set aside. Present petitioner was impleaded as respondent No.1 in the election petition.

(2.) Brief facts of the case are that petitioner as well as respondent no.4 are the registered voters in village Agondh, tehsil Guhla, District-Kaithal as per voters list published for Panchayat Election in the State of Haryana.

(3.) Respondent no.4 challenged the election of the petitioner on account of concealment of the pendency of a criminal complaint under Sections 323, 324, 325, 326, 307, 506 and 34 IPC, P.S Assandh in the Court of learned Judicial Magistrate, First Class, Assandh (for short the 'JMIC') and illegal acceptance of his nomination paper by the Returning Officer.