IN THE 138 RAM CHANDER STATE OF HARYANA CORAM : HON'BLE Present: - Mr. Mr. for VINOD S. BHARDWAJ, Prayer order dated 14.01.2025 Ambala, whereby by the Deputy Commissioner, 2. Counsel resident of Village contested the elections pursuant to the THE HIGH COURT OF PUNJAB AT CHANDIGARH CWP Date CHANDER VERSUS HARYANA AND OTHERS HON'BLE MR. JUSTICE VINOD ***** Mr. Nipun Bhardwaj, Advocate and Mr. Nikhil Ghai, Advocate the petitioner. ***** BHARDWAJ, J. (Oral) Prayer in the present writ petition 14.01.2025 passed by the Commissioner, whereby the appeal filed against the order Commissioner, Kurukshetra, was Counsel for the petitioner submits Village Bodha, Tehsil Pehowa, elections for the post of Sarpanch Notification dated 28.09.2022 PUNJAB AND HARYANA CHANDIGARH CWP-18942-2025 Date of decision: 10.07.2025 ......Petitioner .......Respondents VINOD S. BHARDWAJ and petition is for setting aside of the Commissioner, Ambala Division, order dated 06.03.2024 passed was dismissed. submits that the petitioner is a Pehowa, District Kurukshetra. He to the Gram Panchayat, held issued under Section 211 of VISHAL SHARMA 2025.07.17 16:41 I attest to the accuracy and integrity of this document CWP-18942-2025 the Haryana Panchayati submitted that Officer at the time Subsequently, after Gurdevi Puri, lodged certificate submitted was forged. The for inquiry, who Kurukshetra. The educational qualification genuine. 3. Based 29.01.2024 was personal hearing was unable to appear medical certificate attend the proceedings 09.02.2024 was hearing on 29.02.2024, since respondent appeared along evidence in support 06.03.2024. However, 2025 Panchayati Raj Act, 1994 and was no objection of any nature was time of scrutiny and acceptance after the petitioner was elected as lodged a complaint alleging that submitted by the petitioner, along with The complaint was marked to the Sub who sought a report from the District The DEO, vide report dated 03.01.2024, qualification certificate submitted Based on the aforesaid report a was served upon the petitioner calling hearing on 07.02.2024. Due to his medical appear but his son appeared in cate in support of the petitioner’s proceedings. Thereafter, a second was issued, requiring the petitioner 29.02.2024, which was subsequently respondent was struck in official duties. On with his counsel and sought time support of his case. The matter However, on that date, the petitioner -2- was duly elected. It is further was raised by the Returning e of the nomination papers. as Sarpanch, respondent No.4, the educational qualification with the nomination papers, Sub Divisional Officer (Civil) District Education Officer (DEO), 03.01.2024, informed that the submitted by the petitioner was not Show Cause Notice dated calling upon him to appear for medical ailments, the petitioner in his place and submitted a petitioner’s bona fide incapacity to Show Cause Notice dated petitioner to appear for personal subsequently deferred to 01.03.2024 On 01.03.2024, the petitioner time to produce documents and matter was thus adjourned to petitioner was again unwell due to VISHAL SHARMA 2025.07.17 16:41 I attest to the accuracy and integrity of this document CWP-18942-2025 acute febrile illness hence unable to the Deputy Commi petitioner’s medical the aforesaid circumstances Commissioner passed petitioner from District Kurukshetra. 4. Aggrieved appeal before the complainant also the Divisional Commissioner, 14.01.2025. Aggrieved instant writ petition. 5. Learned vehemently argued Commissioner removed was passed without defend himself. on all scheduled solely due to his duly communicated same, the impugned 2025 illness and was hospitalized from 05.03.2024 to attend the hearing. His son submitted Commissioner, Kurukshetra, apprising medical condition and reasons for his circumstances and medical evidence passed the impugned order dated the post of Sarpanch of Village Kurukshetra. Aggrieved by the aforesaid order, the Divisional Commissioner, Ambala so filed a reply to the said appeal. Commissioner, Ambala dismissed Aggrieved of the said order(s), petition. Learned Counsel appearing on behalf argued that the order dated 06.03.2024, removed the petitioner from the without affording the petitioner It is submitted that the petitioner’s scheduled dates, and the petitioner’s absence his hospitalization on account of communicated along with supporting medical impugned order was passed, thereby -3- 05.03.2024 to 07.03.2024 and submitted an application before apprising the authority of the his absence, however, despite evidence submitted, the Deputy dated 06.03.2024, removing the Village Bodha, Tehsil Pehowa, order, the petitioner preferred an Ambala on 13.03.2024. The appeal. After hearing the parties, dismissed the appeal by order dated the petitioner has filed the behalf of the petitioner has 06.03.2024, whereby the Deputy the elected post of Sarpanch, an adequate opportunity to petitioner’s representatives appeared absence on 06.03.2024 was of ill health, a fact which was medical certificates. Despite the denying the petitioner a fair VISHAL SHARMA 2025.07.17 16:41 I attest to the accuracy and integrity of this document CWP-18942-2025 opportunity of hearing. scrutiny of nomination objection regarding thus, the finding genuine was erroneous 6. No behalf of the petitioner 7. I have petitioner at length alongwith the present 8. Adverting of the nomination from the record documents before reitereation that conduct an enquiry submitted along conducted exclusively accordance with nomination papers requirements cannot submitted therewith. open to scrutiny 2025 hearing. Learned Counsel further nomination papers, the Returning regarding the petitioner’s educational finding by the respondent officials that erroneous and without basis. other argument has been raised petitioner . have heard the learned Counsel length and have gone through present writ petition. Adverting to the second contention nomination papers by the Returning Officer, that the Returning Officer is required before holding a person eligible. that a Returning Officer is not vested enquiry into the genuineness or along with the nomination papers. exclusively by the competent departmental with the prescribed procedure. Therefore, papers on a prima facie satisfaction cannot be construed as conferring therewith. The authenticity or validity scrutiny and challenge at any subsequent -4- further contends that at the time of Returning Officer did not raise any qualification certificate, and that the said certificate was not by the Counsel appearing on appearing on behalf of the through the documents appended first, namely, the acceptance Officer, it is nowhere borne out required to verify validity of the eligible. As per law, if needs no vested with the jurisdiction to validity of the certificates papers. Such an enquiry is to be departmental authorities in Therefore, mere acceptance of the of compliance with statutory conferring finality on the certificates validity of such certificates remains subsequent stage, as per law. VISHAL SHARMA 2025.07.17 16:41 I attest to the accuracy and integrity of this document CWP-18942-2025 9. Undisputedly, Sub-Divisional Officer enquiry into the with his nomination certificate appended Education Officer Sheet submitted Sarpanch of Gram 10. Upon afforded an opportunity occasions. Save proceeded on three any evidence be recorded by the certificate submitted by the Deputy Commissioner 2025 Undisputedly, upon a complaint lodged Officer directed the District Education the validity of the certificates submitted nomination papers. The enquiry was appended by the petitioner, and pursuant Officer submitted a report stating that submitted by the petitioner at the time Gram Panchayat, Bodha, was not genuine. Upon receipt of the said enquiry opportunity of hearing, and the matter Save for one instance when the Court three separate dates. Notably, the before the Deputy Commissioner the District Education Officer regarding submitted by the petitioner. The operative Commissioner reads thus:- “Keeping in view the investigation officer, an opportunity Sarpanch Shri Ramchandra Panchayat Bodha Block Pehowa present his side under Section Raj Act 1994, by letter Clerk/Panchayat dated 29-01 Sarpanch Shri Ramchandra was personal hearing on 07-02-2024 -5- lodged by respondent No.4, the Education Officer to conduct an submitted by the petitioner along specifically confined to the pursuant thereto, the District that the 10th Standard Mark time of election to the post of genuine. enquiry report, the petitioner was matter was taken up on four Court did not sit, the matter the petitioner failed to adduce Commissioner to controvert the finding regarding the validity of the operative part of the order passed the report submitted by the opportunity was provided to son Shri Ajmer Puri Gram Pehowa District Kurukshetra to Section 51 of Haryana Panchayati letter number 472/Election 01-2024 of this office, and was given an opportunity for 2024 at 11-00 am to record VISHAL SHARMA 2025.07.17 16:41 I attest to the accuracy and integrity of this document CWP-18942-2025 2025 his statement along with all the said date, Sarpanch Shri Puri Gram Panchayat Bodha Shri Mangal Puri presented regarding the absence of Sarpanch this office. Keeping this in issued to appear on 16-02-2024 his side again by letter Clerk/Panchayat dated 12-02 said date, the medical certificate Ramchandra son Shri Ajmer Bodha was again received in third notice was issued to appear am by letter number 994/Election 19-02-2024 of this office. Ramchandra son Shri Ajme Bodha appeared with his advocate. in administrative work on hearing was fixed as 01 Sarpanch Shri Ram Chander Gram Panchayat Bodha appeare advocate of the Sarpanch was the investigation report of (Civil). Pehowa, in the recently Institutions General Elections Shri Ramchandra son of Panchayat Bodha had submitted sheet at the time of his nomination. checked online at https://result.nios.ac.in. online, no record was found 220006008734. -6- the documents/evidence. On Ramchandra son Shri Ajmer Bodha did not appear. But his son presented a medical certificate Sarpanch Shri Ramchandra in mind, a second notice was 2024 at 11-00 am to present letter number 831/Election 02-2024 of this office. On the certificate of Sarpanch Shri Ajmer Puri D Gram Panchayat in this office. After which a appear on 29-02-2024 at 11-00 994/Election Clerk/Panchayat dated In which Sarpanch Shri Ajmer Puri Gram Panchayat advocate. But due to being busy the said date, the date of 01-03-2024. On 01-03-2024, Chander son of Shri Ajmer Puri appeared with his advocate. The was informed that according to the Sub-Divisional Officer recently held Panchayat Raj Elections in the year 2022, Sarpanch of Shri Ajmer Puri Gram submitted the 10th class mark nomination. The result was https://result.nios.ac.in. But even found pertaining to roll number VISHAL SHARMA 2025.07.17 16:41 I attest to the accuracy and integrity of this document CWP-18942-2025 11. It is append any document 2025 The advocate, while pleading Ramchandra, requested for time the request made by the advocate, was fixed for personal hearing. notice was given to appear number 1247/Election Clerk/Panchayat 2024 of this office. But on Ramchandra son of Shri Ajmer Bodha did not appear. Even opportunity, Sarpanch Shri Ajmer Puri Gram Panchayat Kurukshetra could not produce that the 10th class mark sheet nomination papers for the recently Institutions general election in I have heard both the parties documents and records on file. that Sarpanch Shri Ramchandra of Gram Panchayat Bodha Kurukshetra could not prove attached with his nomination Keeping in view the documents Sharma, IAS Deputy Commissioner, the powers conferred by way Panchayati Raj Act, 1994, pass Ramchandra son of Shri Ajmer Bodha Block Pehowa District of Sarpanch with immediate effect.” is also prevalent that even an appeal, document as would impeach the -7- pleading the case of Sarpanch Shri time to present evidence. On advocate, the date 06-03-2024 hearing. In relation to which, a appear on 06-03-2024 by letter Clerk/Panchayat dated 01-03- 06-03-2024, Sarpanch Shri Ajmer Puri Gram Panchayat Even after providing sufficient Shri Ramchandra son of Shri Panchayat Bodha and Pehowa District produce any evidence to prove sheet attached by him with his recently held Panchayat Raj in the year 2022 is correct. parties and have perused the file. After perusal it was found Ramchandra son of Shri Ajmer Puri Bodha Block Pehowa District prove the 10th class mark sheet nomination forian to be genuine. documents on file, 1. Shantanu Commissioner, Kurukshetra, under way of Section 51 of Haryana pass an order to remove Shri Ajmer Puri resident of village District Kurukshetra from the post effect.” appeal, the petitioner did not the findings recorded by the VISHAL SHARMA 2025.07.17 16:41 I attest to the accuracy and integrity of this document CWP-18942-2025 District Education Divisional Officer deciding the said 2025 Education Officer in his report dated Officer or accepted by the Deputy Commissioner said appeal, the Divisional Commissioner “8. I have heard the and the learned advocate for also examined the appeal observed the documentary evidences, facts and the im court. From which it is clear this fact is disputed that the appellant opportunity to be heard before post of Sarpanch of Gram Panchayat is clear from the impugned Commissioner that the appellant opportunities to present his present any concrete evidence educational qualification in his circumstances, I agree with lower court, which is correct case, the court has passed the deliberating on all the facts and on record, in which there is no impugned order has been passed impugned order of the lower in which there is no justification interference. The appellant concrete evidence or proof prove the illegality of the Therefore, in these circumstances, the lower court dated 06.03.2024 -8- dated 03.01.2024 to the Sub Commissioner. While finally mmissioner recorded as under:- arguments of the appellant for the respondent and have and have also studied and documentary records, documents, impugned order of the lower that in the present case, only appellant was not given a full before being removed from the Panchayat Bodha, whereas it impugned order of the Deputy appellant was given repeated his side, but he has failed to evidence or record to prove his favor. Therefore, in these the decision passed by the correct and just. In the present the impugned order only after and records, evidences, facts no irregularity or error. The passed as per the law. The court is justified and logical, justification for any kind of has failed to present any and record in his favor to orders of the lower court. circumstances, the impugned order of 06.03.2024 is found to be VISHAL SHARMA 2025.07.17 16:41 I attest to the accuracy and integrity of this document CWP-18942-2025 12. It is petitioner neither including with th of fact reported Deputy Commissioner filed even along contained in the Officer. Consequently, adequate opportunity adjudication. In impeach the conclusions no illegality, perversity Accordingly, the JULY 10, 2025 Vishal Sharma 2025 fundamental and logical and appeal of the appellant is dismissed, and without proper evidence. be sent to the Deputy Commissioner, Divisional Officer (Civil), Development and Panchayat compliance. Case be consigned order is passed and pronounced.” is thus evident from a perusal of neither led any evidence nor placed the appeal, so as to impugn or discredit reported by the District Education Officer Commissioner. Furthermore, no documentary along with the instant writ petition to the report dated 03.01.2024 submitted Consequently, it appears that the petitioner’s opportunity is being employed merely In the absence of any prima facie conclusions arrived at by the authorities perversity or procedural impropriety the writ petition is dismissed in limine. (VINOD Whether speaking/reasoned Whether Reportable -9- and is upheld. The present dismissed, finding it baseless evidence. One copy each of this order Commissioner, Kurukshetra, Sub- (Civil), Pehowa and Block Panchayat Officer, Pehowa for consigned to the record room. The pronounced.” of the aforesaid order that the placed any documents on record, discredit the specific findings Officer and recorded by the documentary evidence has been to challenge the said findings submitted by the District Education petitioner’s plea of denial of merely as a strategy to delay final facie material on record to authorities below, this Court finds impropriety in the impugned order. limine. (VINOD S. BHARDWAJ) JUDGE : Yes/No : Yes/No VISHAL SHARMA 2025.07.17 16:41 I attest to the accuracy and integrity of this document