1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-19504-2026 Date of decision: 01.07.2026 Sr. No.124 Mamta Devi …..Petitioner VERSUS State of Haryana and Ors. ….Respondents CORAM:- HON’BLE MR. JUSTICE DEEPAK SIBAL HON’BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: Mr. Arun Sharma, Advocate and Mr. Gaurav Gupta, Advocate for the petitioner. Mr. Saurav Mohunta, DAG Haryana. ***** DEEPAK SIBAL, J. (ORAL) 1. Through the instant petition the petitioner seeks issuance of a direction to declare the result of the election held on 10.05.2026 for electing Sarpanch of village Kunjpura, District Karnal. Also under challenge is the order dated 29.05.2026 passed by the Divisional Commissioner, Karnal Division, Karnal (for short-the Commissioner) through which the order dated 04.03.2025, passed by the Deputy Commissioner, Karnal (for short-DC) dismissing respondent No.8 from the post of Sarpanch of village Kunjpura, District Karnal has been set aside. 2. The facts, in brief, which are required to be noticed for finally adjudicating upon this petition are that on 12.11.2022, respondent No.8 was elected as Sarpanch of village Kunjpura, District Karnal. On complaints received with regard to misappropriation of Panchayati funds by respondent No.8, an inquiry was held by the Additional Deputy Commissioner, Karnal primarily on the basis whereof, through order dated 04.03.2025, the DC, PUNEET SHARMA 2026.07.06 18.10 I attest to the accuracy and authenticity of this order/judgment 2 exercising powers conferred upon him under Section 51(3) of the Haryana Panchayati Raj Act, 1994 (for short-the 1994 Act) ordered the dismissal of respondent No.8 from the post to which she stood elected. 3. Respondent No.8 challenged the order of the DC dated 04.03.2025 through filing of an appeal which was dismissed by the Commissioner on 12.03.2025. Respondent No.8 then took up the matter with regard to her dismissal through filing of a petition before this Court being CWP-33178-2025-‘Suman vs. State of Haryana and Others.’ Through order dated 06.05.2026, a learned Single Judge of this Court set aside the order of the Commissioner dated 12.03.2025 and remitted the matter to the Commissioner for deciding respondent No.8’s aforesaid appeal afresh. 4. In terms of the order of this Court dated 06.05.2026, passed in CWP-33178-2025 ‘Suman vs. State of Haryana and Ors.’ the matter as to whether respondent No.8’s dismissal from the post of Sarpanch of village Kunjpura, District Karnal was sustainable or not was taken up afresh by the Commissioner. After the consideration of the entire matter, the Commissioner found that there was no embezzlement on the part of respondent No.8 and therefore, ordered that her dismissal, ordered by the DC vide order dated 04.03.2025, be set aside. The matter was disposed of by the Commissioner with the warning to respondent No.8 to be careful in future while using funds received by her for development works of the village only against the activity codes for which such funds had been received. 5. In the meanwhile, there being no interim stay in the proceedings initiated by respondent No.8 to challenge her dismissal, the post of Sarpanch of village Kunjpura, District Karnal was declared vacant. Therefore, fresh elections to fill up such post were held on 10.05.2026 but apparently, in the PUNEET SHARMA 2026.07.06 18.10 I attest to the accuracy and authenticity of this order/judgment 3 light of the pendency of the afore referred proceedings with regard to challenge by respondent No.8 to her dismissal, the results of elections held on 10.05.2026 were not declared. It is in these circumstances that the present petition has been preferred by the petitioner seeking therein the aforesaid reliefs. 6. Learned counsel for the parties have been heard and with their able assistance the record of the case has also been perused. 7. Through the impugned order dated 29.05.2026, passed by the Commissioner, the dismissal of respondent No.8, from the post of Sarpanch of village Kunjpura, District Karnal has been set aside. Such order has been passed only after the Commissioner scrutinized the entire record which included copies of the photographs of the development works actually and factually done at the instance of respondent No.8 in village Kunjpura, District Karnal and after arriving at a categoric finding that the only mistake committed by respondent No.8 was that she had received funds for specific development works but had used those funds for other development works for the welfare of the village. No misappropriation or embezzlement of panchayati funds by respondent No.8 was found. Accordingly, the Commissioner set aside the dismissal of respondent No.8 and let her off with a warning to be careful in future. Relevant portion of the order of the Commissioner dated 29.05.2026 is reproduced below for ready reference:- “After examining the documents submitted by both the parties it was found that in this case, the Sub-Divisional Officer, Panchayati Raj, Kunjpura, submitted a report in his letter number 320, dated 22.04.2024, clarifying that no payment has been made by the Gram Panchayat for the street under activity code 46962808, nor has any construction work of street been carried out by the Gram PUNEET SHARMA 2026.07.06 18.10 I attest to the accuracy and authenticity of this order/judgment 4 Panchayat. The Payments have been made under this activity code for the Flag Foundation, Gym in Stadium, JCB Machine, and Iron Grill. Similarly, no payment has been made by the Gram Panchayat for this street under activity code 46966728, nor has any construction work been carried out at the Gram Panchayat level. Finally, under this activity code, the Gram Panchayat has made payments for door-to-door garbage collection, stadium flags, iron nets, etc., and bills for this have been shown as paid in the proceedings cash book. The names of the works shown by the Panchayat Secretary were uploaded on the E-Gram Swaraj portal under the APPROVED development plan passed by the Gram Panchayat, but in the circumstances of the names of the works could not be changed on the portal, the payments for other works were made under these activity codes. Therefore, this allegation is partially proved against the appellants, but as per the directions of the Hon'ble Punjab and Haryana High Court, Chandigarh and keeping in mind the welfare of the Panchayat, at the level of this Court, photocopies of photographs of the works done on the spot have been shown by the counsel for the appellant Sarpanch and photocopies of payment bills, which have been found to be paid for a total of Rs. 4,89,022/ under Annexure P-10 to Annexure P-16, and the photocopies of the photographs available on the file have been examined on the file. After going through the photocopies of the photographs on file, it is clear that the payments have been made for the work on-site and it relates to those works that have been done on-site. Therefore, the appellant's appeal is accepted, and the order passed by the lower court is set aside. In this case, the appellant Sarpanch is warned that in future, she should make payments regarding activity codes after consulting the village secretary on the e-Gram Swaraj portal, so that no mistakes are made due to activity codes. The records should be confined to the court file after compliance.” 8. In the light of the afore reproduced portion of the order of the Commissioner and particularly because no embezzlement or misappropriation PUNEET SHARMA 2026.07.06 18.10 I attest to the accuracy and authenticity of this order/judgment 5 by respondent No.8 was either proved before the Commissioner or even shown to us, we find no error in the impugned order of the Commissioner warranting interference by us in the exercise of our writ jurisdiction. 9. The elections held on 10.05.2026 in village Kunjpura, District Karnal, for the post of Sarpanch were a consequence of the dismissal of respondent No.8 from the post of Sarpanch in terms of the order of the DC dated 04.03.2025 but once the order of the DC dated 04.03.2025 stands set aside in appeal through the order of the Commissioner dated 29.05.2026, which order we have also upheld, as a necessary corollary, respondent No.8 would be deemed to be Sarpanch of village Kunjpura, District Karnal with effect from the date of her dismissal. Resultantly, the elections held on 10.05.2026 would also have to abide by the order of the Commissioner dated 29.05.2026 and be ordered to be set at naught. 10. In the light of the above, the instant petition has no merit and is accordingly dismissed. 11. No costs. (DEEPAK SIBAL) JUDGE (RUPINDERJIT CHAHAL) JUDGE 01.07.2026 puneet i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No PUNEET SHARMA 2026.07.06 18.10 I attest to the accuracy and authenticity of this order/judgment