RAM SINGH Vs. CIVIL JUDGE SENIOR DIVISION

JUDGEMENT

(1.) In this petition, prayer made by the petitioner is for issuance of Writ in the nature of Certiorari quashing order dated 30.7.1998, Annexure P-3, passed by the Civil Judge (Senior Division) Sirsa whereby the election of the petitioner for the post of Sarpanch of Gram Panchayat Dharmapura held on 31.12.1995 has been set aside and respondent No. 2, namely, Niranjan Lal son of Ganga Ram has been declared to be duly elected as Sarpanch of Gram Panchayat Dharmapura in place of the petitioner.

(2.) The election to the post of Sarpanch, Gram Panchayat Dharmapura was held on 31.12.1995. Petitioner and respondent No. 2 contested the election. Petitioner was declared as duly elected to the post of Sarpanch, Gram Panchayat. Respondent No. 2 filed an election petition before the Civil Judge (Senior Division), Sirsa against the petitioner for setting aside and quashing the election result and for declaring respondent No. 2 as winner for the post of Sarpanch of Gram Panchayat Dharampura. Petitioner contested the election petition, denying the grounds taken therein for quashing the result of election of the petitioner. The learned Civil Judge (Senior Division) on the basis of oral and documentary evidence brought on record by the parties, held that the petitioner was in unauthorised possession of Panchayat land on the date of filing the nomination papers as well as on the date of holding election for the post of Sarpanch and, therefore, petitioner could not contest the election. The learned Civil Judge, thus, held that nomination papers of the petitioner were illegally accepted and consequently, set aside the election of the petitioner for the post of Sarpanch and declared respondent No. 2 to be duly elected as Sarpanch of Gram Panchayat Dharampura in place of petitioner. Hence, the present writ petition.

(3.) Learned Counsel for the petitioner has contended that respondent No. 2 did not raise any objection in regard to validity of nomination papers of the petitioner at the time of their scrutiny before the Returning Officer and therefore, after the petitioner had been elected as Sarpanch, the election petition on the ground that nomination papers of the petitioner were illegally accepted, was not competent. Counsel also contended that election to the post of Sarpanch could be challenged through an election petition only on the grounds specified in Section 176(4) of the Haryana Panchayati Raj Act, 1994 (in short the Act). It is contended that illegal acceptance of nomination papers is not one of the grounds specified in Section 176(4) of the Act. Reference in this regard has been made to two judgments of the Full Bench of this Court in Smt. Anuj v. Additional Civil Judge (Senior Division), Pehowa and others, (1998-2)119 P.LR. 393 and Lal Chand v. State of Haryana and others, (1998-2)119 P.LR. 640 (F.B.).