VISHAL SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present writ petition has been preferred by the petitioner under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the judgment dtd. 17/12/2018 (Annexure P-3) passed by the Election Tribunal-cum-Civil Judge (Junior Division), Shahbad, District Kurukshetra, vide which election petition filed by respondent No. 5 was allowed. FACTS

(2.) The facts giving rise to the present lis are that respondent No. 5 filed petition under Sec. 176 of Haryana Panchayati Raj Act 1994 alleging therein that he had filed nomination form to contest the election of Member, Panchayat Samiti from Ward No. 12, Block Shahbad which was accepted by the Returning Officer, Shahbad. The petitioner had also filed nomination form from the same ward. Respondents No. 6 to 11 have also contested the election of Member, Panchayat Samiti from the same ward. Elections for the posts of Sarpanch, Panch and Member Zila Prishad had taken place on 17/1/2016. The counting of the votes were done on 28/1/2016. The petitioner won the elections with a margin of 51 votes whereas respondent No. 5 remained at second position.

(3.) Respondent No. 5 challenged the aforesaid election before the Tribunal and sought its setting aside mainly on the ground that the elections for the post of Sarpanch, Panch of Gram Panchayat, Member of Panchayat Samiti and Zila Parishad in Haryana are held as per the Haryana Panchayati Raj Act, 1994 (for short, ' 1994 Act') as amended upto date. As per the provisions of Sec. 175 of the Act ibid, for the post of Member, a candidate must not be below the age of twenty one years failing which he is disqualified to contest the panchayat elections.