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2013 Supreme(HP) 739

SANJAY KAROL, RAJIV SHARMA
SUNITA – Appellant
Versus
STATE OF HP – Respondent


Advocates:
Advocate Appeared:
T.S.CHAUHAN, Sharwan Dogra, R.S.VERMA, R.M.BISHT, SURENDER VERMA

JUDGEMENT

SANJAY KAROL, J.

1. PETITIONER has prayed mainly for following reliefs:

"i). That a writ of certiorari may kindly be issued thereby quashing the impugned order as contained in Annexure P 2 and P 3. ii). That a writ of mandamus may be issued directing the respondents No. 1 to 3 to allow the petition to complete her normal tenure as ward member of Municipal Council Sunder Nagar."

2. ANNEXURE P 2 is the order dated 27.12.2011 passed by the Authorised Officer cum Sub Divisional Officer (Civil), Sunder Nagar, District Mandi, H.P., which stands affirmed vide order dated 11.9.2012 (Annexure P 3) passed by the appellate authority i.e Director, Urban Development, Himachal Pradesh, Shimla in Election Appeal No. 1 of 2012 titled as Sunita versus Indira Devi.

For the post of Ward Member (Ward No. 11) Purana Bazar, Tehsil Sundernagar, District Mandi, H.P., petitioner (Sunita Devi) contested election and was elected. Assailing the same, private respondent (Indira Devi) filed an election petition, inter alia on the ground that family members of present petitioner had encroached upon the government/municipal land and as such petitioner entailed dis qualification in terms of Section 16(1)(c






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