CHANDRAVATI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the instant writ petition filed under Article 226/227 of the Constitution of India is to the orders dated 03.04.2018 (Annexure P-5) and 06.03.2018 (Annexure P-3) vide which the election petition filed by the respondents was allowed.

(2.) Election Commission of Haryana issued a notification dated 08.09.2015 (Annexure P-12) for elections to Panchayati Raj Institutions i.e. Panches, Sarpanch, Members of Panchayat Samitis and Zila Parishads, and the date of filing of nomination for the said election was from 23.12.2015 to 29.12.2015. The minimum age for contesting the said election was 21 years. The petitioner filed her nomination for the post of Sarpanch of Gram Panchayat Bhojpur, Tehsil Jagadhri District Yamuna Nagar as the same was reserved for women of General Category. The petitioner annexed copies of her High School Certificate and Aadhar Card along with the nomination form. Respondents No.3 and 4 along with other contesting respondents objected to her candidature for the post of Sarpanch as she did not fulfill the requisite minimum age criteria and the qualification required for the said post. Hence, respondents No.3 and 4 while supplying the certified copies of the matriculation certificate and the Aadhar Card of the petitioner requested the officer to look into and decide the objections but to no avail. It was alleged that in fact the petitioner had filed a false document issued by the Gram Panchayat, Raal, District Mathura (UP) wherein her date of birth was mentioned as 13.07.1993. It was further pleaded by the private respondents that in fact the petitioner had supplied a forged document bearing Registration No.3 with date of registration as 19.09.2015. The said birth certificate was issued by the Gram Panchayat Raal, District Mathura (UP) on 22.09.2015. It was further alleged that the petitioner had tried to play a fraud upon the voters by way of misrepresentation as different dates of birth were mentioned in her matriculation certificate and in her birth certificate i.e. 13.07.1995 and 13.07.1993 respectively. It was pleaded by respondents No.3 and 4 that a forged certificate had been prepared by the petitioner so as to make her eligible to contest the election and the same had not been rejected by the Returning Officer despite being objected to by them. It was further averred that even after filing of the nomination form, private respondents demanded relevant documents of the petitioner i.e. copies of the ration card, Aadhar Card, High School Certificate and Birth Certificate but the same were deliberately not provided to them. The said documents were not supplied to respondent No.4 - Sunita Rani even under the Right to Information Act, 2005.

(3.) The averments of the private respondents herein were denied by the petitioner by way of written statement before the court below. It was submitted that since she was 21 years of age at the time of filing of the nomination form, she was eligible to contest the elections for the post of Sarpanch. In support of her date of birth, she placed reliance on the Birth Certificate issued by the competent authority i.e. Gram Panchayat Raal, District Mathura (UP). She further claimed that while filing her nomination form, she had attached the requisite papers regarding her date of birth and qualifications. She asserted that the documents so annexed with her nomination form were true and genuine and no illegality or forgery was committed in obtaining the said Birth Certificate.