VIJAY Vs. STATE OF HARYANA

JUDGEMENT

(1.) By the present petition, the petitioner-Vijay has sought a writ of Certiorari for quashing the judgment dtd. 27/11/2017 (Annexure P-4) passed by the Civil Judge (Junior Division), Charkhi Dadri in Election Petition No.36 of 2016 titled as 'Vijay versus Ajit Singh and others' by which the said election petition filed by the petitioner was dismissed.

(2.) The petitioner-Vijay filed election petition under Sec. 175 of the Haryana Panchayati Raj Act, 1994 (for short 'Act') for declaring the election of respondent No.3-Ajit Singh son of Dhanpat (respondent No.1 in Election Petition No.36 of 2016) as Sarpanch of Gram Panchayat of village Kari Rupa (Dass) held on 10/1/2016 as illegal and invalid on the ground that he was not eligible to contest the election because he has been in unauthorised possession of land comprising Khasra No.84 Gair Mumkin 1 of 14 Firni and Khasra No.111 Gair Mumkin Gali which is under the ownership of Gram Panchayat Kari Rupa. He further stated in his election petition that the Gram Panchayat of the said village Kari Rupa Dass was one but was bifurcated two months before the elections. Respondent No.3-Ajit Singh was in unauthorised occupation of the said land under ownership of Gram Panchayat and therefore, was disqualified to contest the election for the post of Sarpanch.

(3.) Respondent No.3-Ajit Singh appeared before the trial Court and opposed the election petition while denying the allegation regarding encroachment or unauthorised occupation as alleged by the petitioner and prayed for dismissal of the said election petition. The trial Court framed six issued and thereafter, recorded the evidence of the parties so also exhibited the documents produced by the parties. Finally, the trial Court held that there was no merit in the election petition and thus, dismissed it. Hence, this petition.