HINA BEGAM Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Challenge in the present writ petition is to the order dated 09.10.2017 (P.3) passed by the learned Election Tribunal, whereby the election petition filed by respondent No.3- Ikram-Ul (respondent No.3), was allowed and the petitioner's election for the post of Sarpanch, Gram Panchayat Malhaka, Tehsil Ferozepur Jhirka, District Nuh, was set aside, with a further direction to hold fresh election at the earliest.

(2.) As per the facts on record, the petitioner had contested the election for the post of Sarpanch of Malhaka District Mewat, held on 17.1.2016. Apart from the petitioner, some more candidates had also contested the said election. As per Clause (5) of Sectioin 175 of the Haryana Panchayati Act, 1994, the educational qualification for a female candidate, is middle pass and its equivalent examination from any recognized Institution/Board, with the age of the candidate being 21 years of age. The petitioner states that she was 9th Class pass at the time of election and 21 years of age. Being eligible, she filed her nomination paper, which was duly accepted by the Returning Officer. In the election that was held, she was declared as elected Sarpanch by a margin of 40 votes.

(3.) Respondent No.3-Ikram-Ul, filed election petition challenging petitioner's election as Sarpanch before the Election Tribunal, by stating therein that the petitioner had produced a bogus educational certificate of the 8th Class pass from Shivaji Composite Junior College, Bhalki, District Bidar, KarnatakaState and she had submitted a school leaving certificate/transfer certificate allegedly issued by the Principal of the said institution along with the nomination form, wherein the date of birth of the petitioner was shown as 21.3.1993 and the educational qualification having been shown as student of 8th Standard and 'not qualified for higher standard.' The said petition was contested by the petitioner. Upon the pleadings, various issues were framed. Parties led their respective evidence.