SUMAN PARKASH Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) The petitioner has sought issuance of writ in the nature of certiorari for quashing the order dated 8.2.2018 (Annexure P-4) passed by the Civil Judge (Senior Division), Rewari whereby the election petition preferred by him has been dismissed. He has also sought direction for conducting fresh election after allowing his election petition.

(2.) It is the case of the petitioner that elections for the post of Sarpanch of Gram Panchayat, Nangal Shabajpur were held on 10.1.2016. Respondent No.2, who was convicted in a criminal case, was not eligible to contest and he had, by concealing the material facts, filed the nomination paper and in collusion with the Returning Officer, respondent No.5, his nomination was approved and he had won the election.

(3.) The election petition was preferred by the petitioner under Section 176 of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as the 'Act'). The election petition was dismissed by the order dated 8.2.2018 which is impugned herein.