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LISA GILL, RITU TAGORE
Surender Kumar – Appellant
Versus
State Election Commission, Haryana – Respondent
JUDGMENT
Lisa Gill, J. - The abovesaid writ petitions are being taken up together for hearing at request and with consent of learned counsel for the parties as the question involved in all these writ petitions, is the same i.e., 'whether interference under Article 226 of the Constitution of India for setting aside election to the post of Sarpanch (conducted in terms of the Haryana Panchayati Raj Act, 1994 and Haryana Panchayati Raj Election Rules, 1994) on the ground of alleged fake votes, is called for?'.
2. Brief facts in each of the writ petitions as necessary for adjudication, are as under:-
CWP No. 26255 of 2022.
3. This writ petition has been filed by the petitioner, who contested for the post of Sarpanch of village Karsindhu, Tehsil Saffidon, District Jind, and lost the same to respondent no.8.
4. It is stated that election schedule for various posts including the post of Sarpanch was notified on 07.10.2022, Annexure P-1. Post of Sarpanch of Village Karsindhu, was declared reserved for Scheduled Caste Candidates. Schedule as notified on 07.10.2022, Annexure P-1, is reproduced as under:-
Sr. No. | Programme | Date |
1. | Date on which notice shall be published by the Deputy Commissioner-cum-Di | |
The validity of the elections must be tested in election petitions under Section 176(5) of the 1994 Act.
Interference in electoral matters after results are declared is barred by Articles 243-O and 243-ZG; the appropriate recourse is through an election petition.
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