CWP-13441-2026 (O&M) [140] Surinder Singh The State of Punjab through its Principal Secretary, Department of Local Government, Punjab and others Coram : Present: PANKAJ JAIN [1] 227 of the writ in the nature of proceedings against respondent No.5 by taking cognizance of the complaint dated 11.10.2025. [2] Khanouri, Mandi, District election to claims that at the time of filing nomination paper, respondent No.5 submitted a false residential (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-13441 Date of Decision : Surinder Singh Versus The State of Punjab through its Principal Secretary, Department of Local Government, Punjab and others HON’BLE MR. JUSTICE PANKAJ JAIN Ms. Saksham Sharma, Advocate Mr. Sushil Bhardwaj, Advocate for the petitioner. Ms. Gauri Sharma, Advocate for respondent No.4. **** PANKAJ JAIN, J. (ORAL) The present writ petition has been filed under Articles 226 & 227 of the Constitution of India, whereby the petitioner seeks issuance of a writ in the nature of mandamus, directing respondent Nos.1 & 2 to initiate proceedings against respondent No.5 by taking cognizance of the complaint dated 11.10.2025. The petitioner claims himself Khanouri, Mandi, District Sangrur. Respondent to the Municipal Council, Khanouri claims that at the time of filing nomination paper, respondent No.5 submitted a false affidavit by disclosing that he residential house and has no other property IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 13441-2026 (O&M) Date of Decision : 06.07.2026 …Petitioner Secretary, Department of Local Government, ….Respondent PANKAJ JAIN Advocate and Advocate Advocate The present writ petition has been filed under Articles 226 & , whereby the petitioner seeks issuance of a , directing respondent Nos.1 & 2 to initiate proceedings against respondent No.5 by taking cognizance of the complaint himself to be a resident of Ward No.3 Respondent No.5 successfully contested Khanouri from Ward No.11. Petitioner claims that at the time of filing nomination paper, respondent No.5 affidavit by disclosing that he is owner of only one house and has no other property except the same. In the column 1 The present writ petition has been filed under Articles 226 & , whereby the petitioner seeks issuance of a , directing respondent Nos.1 & 2 to initiate proceedings against respondent No.5 by taking cognizance of the complaint resident of Ward No.3, contested etitioner claims that at the time of filing nomination paper, respondent No.5 owner of only one In the column RAJNEESH SHARMA 2026.07.14 17:04 I agree to specified portions of this document CWP-13441-2026 (O&M) of commercial building, respond so, respondent No.5 concealed that he is co mumkin plot to the extent of 1/12 share Panchayat, [3] 2005 from Naib Tehsildar, as per which, brothers and mother are co share of 8 ½ marla land situated in claimed constructed shop measuring without getting the site plan approved. [4] Municipal Council under Section Municipal Act, 1911 [5] Kumar, stands convicted and sentenced for having committed offence punishable under Sections 195 1911. [6] Representation of People Act, 1951, concealed removed under Section 16 of the Punjab Municipal Act [7] the records of the case, this Court finds that as per 2020-2021 placed on record as Annexure P (O&M) of commercial building, respondent No.5 specifically stated ‘No’. By doing so, respondent No.5 concealed that he is co plot to the extent of 1/12 share Panchayat, Khanouri. Petitioner claims that he sought information under RTI Act, 2005 from Naib Tehsildar, as per which, brothers and mother are co-owners in equal share of land measuring 1/3 share of 8 ½ marla land situated in Khewat that respondent No.5 along with his family members constructed shop measuring approximately without getting the site plan approved. Regarding the same, a criminal complaint was filed by Municipal Council under Sections 195 cipal Act, 1911 against the brother of respond On confession, brother of respondent No.5, namely Shiv Kumar, stands convicted and sentenced for having committed offence punishable under Sections 195-A, 199 & 219 of the Punjab Municipal Act, The petitioner further pleads tha epresentation of People Act, 1951, respondent No.5 ed material fact at the time of filing of nomination paper needs to be removed under Section 16 of the Punjab Municipal Act Having heard counsel for the the records of the case, this Court finds that as per 2021 placed on record as Annexure P nt No.5 specifically stated ‘No’. By doing so, respondent No.5 concealed that he is co-owner in possession of gair plot to the extent of 1/12 share situated within the limits of Nagar etitioner claims that he sought information under RTI Act, 2005 from Naib Tehsildar, as per which, respondent No.5 along with his owners in equal share of land measuring 1/3 Khewat No.258/409 & 410. It is further that respondent No.5 along with his family members roximately 85 sq. yards over the said plot Regarding the same, a criminal complaint was filed by 195-A, 199 & 219 of the Punjab against the brother of respondent No.5. On confession, brother of respondent No.5, namely Shiv Kumar, stands convicted and sentenced for having committed offence A, 199 & 219 of the Punjab Municipal Act, etitioner further pleads that under Section 125A of the respondent No.5 being guilty of hav material fact at the time of filing of nomination paper needs to be removed under Section 16 of the Punjab Municipal Act, 1911. Having heard counsel for the parties and after carefully perus the records of the case, this Court finds that as per jamabandi for the year 2021 placed on record as Annexure P-2, the name of respondent No.5 2 nt No.5 specifically stated ‘No’. By doing gair within the limits of Nagar etitioner claims that he sought information under RTI Act, along with his owners in equal share of land measuring 1/3 It is further that respondent No.5 along with his family members has 85 sq. yards over the said plot Regarding the same, a criminal complaint was filed by Punjab On confession, brother of respondent No.5, namely Shiv Kumar, stands convicted and sentenced for having committed offence A, 199 & 219 of the Punjab Municipal Act, 5A of the ving material fact at the time of filing of nomination paper needs to be and after carefully perusing for the year respondent No.5 RAJNEESH SHARMA 2026.07.14 17:04 I agree to specified portions of this document CWP-13441-2026 (O&M) does not find mention either in the column of owner or in the cultivators. The petitioner relies upon information received under RTI Act (Annexure P respondent No.5 along with his other fa owners to the extent of 1/3 share. The information seems to be at with the jamabandi Presumption of truth is [8] Moonak on the complaint filed by Nagar Panchayat, that the allegations were Shiv Kumar son of Devi Dayal, who as per the petitioner is respondent No.5. [9] concealment at the hands of respondent No.5 committed any [10] lodging of FIR against (Annexure P [11] being any record which could having committed prayed for cannot be issued. [12] alternate remed (O&M) does not find mention either in the column of owner or in the cultivators. The petitioner relies upon information received under RTI Act (Annexure P-4) as per which in the jamabandi respondent No.5 along with his other family members have been owners to the extent of 1/3 share. The information seems to be at with the jamabandi appended by the petitioner himself as Annexure P resumption of truth is attached to record That apart even as per order dated 06.08.2025 Moonak on the complaint filed by Nagar Panchayat, that the allegations were levelled not against respondent No.5 Shiv Kumar son of Devi Dayal, who as per the petitioner is respondent No.5. Be that as it may, there is nothing on record to show concealment at the hands of respondent No.5 committed any offence punishable under Punjab Mun Petitioner preferred representation (Annexure P lodging of FIR against respondent No.5. Thereafter, he served notice (Annexure P-7). In the considered opinion of this being any record which could suggest committed offence punishable under law, writ of prayed for cannot be issued. However, liberty is granted to the petitioner to avail his te remedies in accordance with law. does not find mention either in the column of owner or in the column cultivators. The petitioner relies upon information received under RTI Act jamabandi for the year 2020-2021, mily members have been recorded owners to the extent of 1/3 share. The information seems to be at variance appended by the petitioner himself as Annexure P to record of rights, i.e. jamabandi. dated 06.08.2025 passed by SDJM, Moonak on the complaint filed by Nagar Panchayat, Khanouri, it is evident not against respondent No.5, but against Shiv Kumar son of Devi Dayal, who as per the petitioner is the brother Be that as it may, there is nothing on record to show any concealment at the hands of respondent No.5 or that respondent No.5 punishable under Punjab Municipal Act, 1911. etitioner preferred representation (Annexure P-6) seeking No.5. Thereafter, he served notice In the considered opinion of this Court, in the absence of there that respondent No.5 is guilty of offence punishable under law, writ of mandamus However, liberty is granted to the petitioner to avail his in accordance with law. 3 column of cultivators. The petitioner relies upon information received under RTI Act 2021, recorded as variance appended by the petitioner himself as Annexure P-2. passed by SDJM, , it is evident but against brother of any or that respondent No.5 has 6) seeking No.5. Thereafter, he served notice e absence of there No.5 is guilty of mandamus as However, liberty is granted to the petitioner to avail his RAJNEESH SHARMA 2026.07.14 17:04 I agree to specified portions of this document CWP-13441-2026 (O&M) [13] same is ordered to be [14] disposed off. 06.07.2026 ‘R. Sharma' (O&M) Finding no reason to interfere in the present writ petit same is ordered to be dismissed. All pending miscellaneous application(s), if any, stands disposed off. 06.07.2026 Whether speaking/ reasoned Whether reportable no reason to interfere in the present writ petition. The All pending miscellaneous application(s), if any, stands (PANKAJ JAIN) JUDGE : Yes/No : Yes/No 4 on. The All pending miscellaneous application(s), if any, stands RAJNEESH SHARMA 2026.07.14 17:04 I agree to specified portions of this document