SANJEEDA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Elections to the post of Sarpanch of Gram Panchayat village Jamalgarh Tehsil and Block Punhana, District Mewat was held on 10/1/2016. Sanjeeda wife of Imdad (writ petitioner) was declared elected as Sarpanch with a margin of 167 votes. Farjeena wife of Munfed (respondent No. 2) was also candidate for the aforementioned post. She challenged the election of the petitioner vide an election petition instituted on 6/2/2016 and the same was allowed vide the impugned judgment dtd. 27/2/2019 (Annexure P-7). Learned Civil Judge (Junior Division), Ferozepur Jhirka held the petitioner disqualified from holding the post of Sarpanch as she did not possess the minimum educational qualification of middle pass and consequently set aside her election. Directions were issued for conducting a fresh election. Aggrieved by this judgment, the present writ petition was filed by the elected candidate.

(2.) The Gram Sachiv, B.D.P.O. Office, Punhana appeared as PW4 and proved on record the nomination form of the petitioner as Ex. PW4/1. Alongwith the said nomination form was annexed a copy of the mark sheet of Class VIII of the petitioner and the student registration number mentioned thereupon was 1005. An attested copy of the said document was proved by him as Ex. PW4/2 and the mark sheet annexed therewith mentioned the student registration number of the petitioner as 1006. The registration number 1005 had been found to be scored off as the number 1006 had been written. Thus, the mark sheet annexed with the original nomination form did not bear any cutting whereas the one annexed with the attested copy thereof bears a cutting.

(3.) To prove her case, respondent No. 1 examined Ash Mohd. as PW1, herself as PW2, Mohd. Tariq Aziz as PW3 and Abbas, Gram Sachiv, B.D.P.O Office, Punhana as PW4. The documents proved on record by her are Ex. P1 (information dtd. 20/1/2016 received under the Right to Information Act, 2005), Ex. P2 (Application Form of remand), Ex. P3 (Copy of FIR No. 59 dtd. 4/4/2015), Ex. PW4/1 and Ex. PW4/2 (original copy of nomination form of elected candidate and attested copy thereof). The elected candidate examined Aijaz as DW1, Sajid as DW2, Devender as DW3, Imdad as DW4, Suleman as DW5, Dinesh Kumar as DW6, Bhagwan Dass, Clerk, District Basic Education Officer, Mathura as DW7 and herself as DW8. The documents Ex. D1 to Ex. DW7/A and Mark 'A' and Mark 'B' were exhibited by her.