The court emphasized the importance of genuine and recognized educational qualifications for contesting elections, and the consequences of misrepresentation and forgery in such cases.

Arvind Singh Sangwan, J.

Prayer in this petition is for quashing of the FIR No. 191 dated 09.04.2016, registered under Sections 120-B, 420, 467, 468 and 471 of the Indian Penal Code at Police Station Hodal, District Faridabad (Annexure P-1) as well as report under Section 173 Cr.P.C. dated 25.01.2018 (Annexure P-9) along with all other consequential proceedings.

2. Brief facts of the case are that respondent No. 3/complainant has given a complaint against petitioner Ramjeet that he had contested the election for the post of Sarpanch by producing a fake Class 10 certificate pertaining to examinations of 2013, issued by the Secondary Education Board, Madhya Bharat, Gwalior, Madhya Pradesh (for short 'Madhya Bharat Board') and he was declared elected in the said election though his qualification is of 7th standard as his name was struck from the Govt. Senior Secondary School, Sondhad in 8th Class on 20.01.1992, where his date of birth is 10.06.1975, however, in the matriculation certificate, produced by the petitioner, his date of birth is mentioned as 02.08.1976. It is further stated that there is no recognized board in the name of Secondary Education Board, Madhya Bharat, Gwalior, Madhya Pradesh and even an FIR bearing No. 351 dated 17.10.2013 was registered under Sections 420, 467, 468 and 471 of the IPC and Section 66-A/69 of the Information Technology Act at Police Station Doghat, District Bagpat, U. P. and in the inquiry, it was found that no such Board is in existence and 17 persons were arrested including Ashok Rattan, Chairman/Secretary of the Madhya Bharat Board for giving fake certificates to the students. It is further stated that the certificate issued to the petitioner was under the signature of aforesaid Ashok Rattan.

3. It is further stated in the FIR that previously, the Gram Panchayat elections were scheduled to be held on 04.10.2015 and the petitioner had filled up nomination papers for the post of Sarpanch and his nomination was rejected as he was not having the requisite qualification of matriculation and he declared himself to be illiterate, however, when on re-schedulement, the elections were held on 10.01.2016, he attached the fake certificate of Class 10 with the nomination papers. In this regard, a complaint was also filed by one Narender Singh with the Sub Divisional Officer (Civil), Hodal, however, no action was taken. It was requested in the present complaint that legal action be taken against the accused and accordingly, the police registered the present FIR.

4. Thereafter, the police conducted investigation and submitted the report under Section 173 Cr.P.C. wherein it is stated that during investigation, it was found that petitioner has prepared a fake certificate from Madhya Bharat Board and his date of birth in the Govt. Senior Secondary School, Sondhad is mentioned as 10.06.1975 whereas in the 10 th Class certificate, he has shown his date of birth as 02.08.1976. It is further stated in the report that further investigation was carried out by SI Kundan Lal and on inquiry regarding the certificate, Madhya Bharat Board was not found in the list of recognized Boards and on the basis of the investigation conducted, it was found that sufficient evidence has come on record for presentation of challan. Thereafter, the trial Court has framed the charge against the petitioner.

5. It is argued on behalf of the petitioner that the petitioner has appeared in 10th Class examination as a private candidate and he was given a certificate which, on a request dated 09.02.2016 made by Superintendent of Police, Palwal (Annexure P-2), was verified by the Secretary of Madhya Bharat Board that the petitioner has passed out 10th Class examination from their Board.

6. Learned counsel for the petitioner has relied upon an inquiry, conducted by the Sub Divisional Officer (C), Hodal, under the provisions of Haryana