The main legal point established in the judgment is the primacy of the birth certificate issued by the Registrar of Births and Deaths over other documents, such as school leaving certificates, in determining eligibility for elections.

JUDGMENT

Harnaresh Singh Gill, J. - The present writ petition has been preferred by the petitioner under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing order dated 04.01.2019 (Annexure P-3) passed by the Election Tribunal-cum-Civil Judge (Junior Division), Ferozepur Jhirka (for short, 'Tribunal').

FACTS

2. The facts giving rise to the present lis are that Gram Panchayat, Dhamala consisted of three villages namely, Dhamala, Rangala Rajpur and Chak Rangala. Petitioner is permanent resident of village Rangala Rajpur, Tehsil Ferozepur Jhirka. Election for the post of Sarpanch of Gram Panchayat, Dhamala, reserved for Scheduled Caste (Women), was scheduled to be held on 17.01.2016. Three candidates including petitioner - Seema Rani filed nominations and contested the election. The other two candidates were respondent No.3 - Chanderwati and respondent No.4 - Reena Kumari. Petitioner was declared as Sarpanch by a margin of 45 votes.

3. Respondent No.3 - Chanderwati challenged the aforesaid election before the Tribunal and sought fresh election for the post of Sarpanch. Chanderwati alleged that she is permanent resident of village Dhamala, Tehsil Ferozepur Jhirka and is qualified voter of the said Gram Sabha/Gram Panchayat and also fulfills the qualification to contest the election. The elections for the post of Sarpanch, Panch of Gram Panchayat, Member of Panchayat Samiti and Zila Parishad in Haryana are held as per Haryana Panchayati Raj Act, 1994 (for short, 1994 Act') as amended up to date. As per the provisions of Act ibid, for the post of Sarpanch, a candidate must not be below the age of twenty one years and if he or she is found below the age of twenty one years, he or she shall be disqualified to contest or elected for the same.

4. Respondent No.3 alleged that in the nomination form, petitioner declared herself to be 22 years old showing her date of birth as 01.01.1993 and her educational qualification as 8th class pass from Government Middle School, Rangala Rajpur, Tehsil Ferozepur Jhirka. She got prepared the aforesaid certificate of her age and educational qualification with the ulterior motive to file the nomination to contest the election for the post of Sarpanch, in collusion and connivance of the staff of the said school. The date of birth shown by the petitioner is wrong and she has not attained the age of twenty one years.

5. Respondent No.3 further alleged that date of birth of petitioner is 03.06.1996 and school transfer certificate issued by the Head Master, Government Middle School, Rangala Rajpur is forged and fabricated. She alleged that Returning Officer/ARO did not consider her objections at the time of scrutiny of nominations and illegally accepted the nomination form of petitioner for the post of Sarpanch, Gram Panchayat, Dhamala and allotted the symbol to her.

6. The election petition filed by respondent No.3 was contested by the petitioner who denied the allegations/objections raised by respondent No.3.

7. From the pleadings of parties, issues were framed. Parties led their evidence in order to substantiate their claim. After hearing counsel for the parties and perusing the record, the Tribunal arrived at the conclusion that school leaving certificate (Ex.R-3) submitted by respondent No.1 along with her nomination form does not depict the correct date of birth of petitioner and when the birth certificate of petitioner is duly available and placed on file as Ex.P-7, primacy is to be given to the birth certificate, in which, date of birth of petitioner has been mentioned as 03.06.1996. Consequently, election petition filed by respondent No.3 was partly allowed and election for the post of Sarpanch, Gram Panchayat, Dhama, held on 17.01.2016 was set aside. Direction was issued to Deputy Commissioner/ District Election Officer, District Mewat at Nuh, to conduct fresh election on the resultant vacant post of Sarpanch, Gram Panchayat Dhamala, Tehsil Fer