The Birth Certificate issued by the Registrar of Births and Deaths prevails over school certificates in determining age eligibility for contesting elections under the Haryana Panchayati Raj Act, 1994.

JUDGMENT

Harnaresh Singh Gill, J. - The present writ petition has been preferred by the petitioner under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the judgment dated 17.12.2018 (Annexure P-3) passed by the Election Tribunal -cum- Civil Judge (Junior Division), Shahbad, District Kurukshetra, vide which election petition filed by respondent No. 5 was allowed.

FACTS

2. The facts giving rise to the present lis are that respondent No. 5 filed petition under Section 176 of Haryana Panchayati Raj Act 1994 alleging therein that he had filed nomination form to contest the election of Member, Panchayat Samiti from Ward No. 12, Block Shahbad which was accepted by the Returning Officer, Shahbad. The petitioner had also filed nomination form from the same ward. Respondents No. 6 to 11 have also contested the election of Member, Panchayat Samiti from the same ward. Elections for the posts of Sarpanch, Panch amd Member Zila Prishad had taken place on 17.1.2016. The counting of the votes were done on 28.1.2016. The petitioner won the elections with a margin of 51 votes whereas respondent No. 5 remained at second position.

3. Respondent No.5 challenged the aforesaid election before the Tribunal and sought its setting aside mainly on the ground that the elections for the post of Sarpanch, Panch of Gram Panchayat, Member of Panchayat Samiti and Zila Parishad in Haryana are held as per the Haryana Panchayati Raj Act, 1994 (for short, 1994 Act) as amended upto date. As per the provisions of Section 175 of the Act ibid, for the post of Member, a candidate must not be below the age of twenty one years failing which he is disqualified to contest the panchayat elections.

4. Respondent No.5 alleged that in the nomination form, petitioner declared herself to be more than 21 years old showing his date of birth as 17.05.1994 which is recorded in the school record i.e. DMC of matriculation, DMC of 12th class, in the certificate of middle standard as well as 5th standard. The date of birth shown by the petitioner is wrong and he has not attained the age of twenty one years.

5. Respondent No.5 further alleged that petitioner was born on 08.08.1995 at village Gumti, Tehsil Shahbad, District Kurukshetra and the information regarding birth of petitioner has been recorded by the Health Department of State of Haryana under Section 17 of the Births and Deaths Registration Act, 1969, wherein his name has been shown as Vishal, mothers name as Sunita Rani and fathers name was shown as Sukhdev son of Kartar Chand. It has been alleged that petitioner has concealed the material information and wrongly mentioned his date of birth to show himself of 21 years old. Hence his nomination form was also improperly accepted.

6. The election petition filed by respondent No.5 was contested by all the respondents including petitioner herein. They denied the allegations/objections raised by respondent No.5.

7. From the pleadings of parties, issues were framed. Parties led their evidence in order to substantiate their respective claims. After hearing counsel for the parties and perusing the record, the Tribunal arrived at the conclusion that "the election in question in this case i.e. Member, Panchayat Samiti, Shahbad was required to be set aside because respondent No.1 (petitioner herein) was not qualified to contest he being below 21 years of age. Consequently, election petition filed by respondent No.5 was allowed and the authorities were directed to conduct fresh elections for the post of Member, Panchayat Samiti, Shahbad as per rules.

ARGUMENTS

8. Counsel for the petitioner has vehemently contended that impugned order passed by the Tribunal is not sustainable in the eyes of law. Misappreciation and misreading of evidence has resulted in miscarriage of justice. The Tribunal has failed to appreciate the documentary evidence relied upon by the petitioner in the shape of exhibited documents. The impugned being arbitrary and i