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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Lisa Gill, Ritu Tagore , JJ.
Surender Kumar & Anr. – Appellants
Versus
The State Election Commission, Haryana & Ors. – Respondents
CWP No. 26255 of 2022 (O&M); CWP No. 27525 of 2022 (O&M) and CWP No. 27530 of 2022 (O&M)
Decided On : 11-04-2023
Election Interference - Haryana Panchayati Raj Act - 1994 Act, Section 176(5), Article 226 of the Constitution of India - Article 243B, 243C, 243K, 243O - The court discussed the question of 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. The court referred to relevant provisions of the Constitution and the Act and held that the remedy of filing an election petition is the appropriate course of action in such matters. The court emphasized that the election process should not be interdicted mid-stage and that the validity of the elections must be tested in election petitions under Section 176(5) of the 1994 Act.
Fact of the Case:
The writ petitions were filed by petitioners who contested for the post of Sarpanch in different villages in Haryana and lost the elections to the respective respondents. The petitioners alleged the casting of fake and bogus votes and sought setting aside of the elections and strict action against the officials involved.
Finding of the Court:
The court held that the remedy of filing an election petition is the appropriate course of action in such matters. The court emphasized that the election process should not be interdicted mid-stage and that the validity of the elections must be tested in election petitions under Section 176(5) of the 1994 Act.
Issues: The main issue was whether interference under Article 226 of the Constitution of India for setting aside election to the post of Sarpanch on the ground of alleged fake votes is called for.
Ratio Decidendi: The court emphasized that the election process should not be interdicted mid-stage and that the validity of the elections must be tested in election petitions under Section 176(5) of the 1994 Act.
Final Decision: The writ petitions were dismissed with no order as to cost.
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-District Election Officers (Panchayats) in Form 2 or 3 as the case may be, for inviting nominations under rule 24 of the Haryana Panchayati Raj Election Rules, 1994. | 08.10.2022 (Saturday) |
2. | Dates on which Nomination papers shall be presented under Rule 24 (2) (i) | 14.10.2022 (Friday) to 19.10.2022 (Wednesday) (except 16.10.2022( Sunday)) (10.00 AM to 3.00 PM) |
3. | Dates on which the list of Nomination papers received shall be pasted under rule 24 (2) (i) | 14.10.2022 (Friday) to 19.10.2022 (Wednesday) |
4. | Date by which Affidavit/declaration shall be furnished by the candidates in Form 4-A, to the concerned Returning Officer. (rule 27) | 14.10.2022 (Friday) to 19.10.2022 (Wednesday) |
5. | Date on which the nomination papers shall be scrutinized under rule 24 (2)(ii) | 20.10.2022 (Thursday) 10.00 AM onwards |
6. | Last date for withdrawal of candidature by a candidate under rule 24 (2) (iv) | 21.10.2022 (Friday) (upto 3.00 PM) |
7. | Date on which symbols shall be allotted to the contesting candidates | 21.10.2022 (Friday) (after 3.00 PM) |
8. | Date on which list of the contesting candidates shall be pasted under rule 24 (2) (v) | 21.10.2022 (Friday) |
9. | Dates on which the poll, if any, shall be held under rule 24 (2) (vi) | Members of Zila Parishads and Panchayat Samitis 30.10.2022 (Sunday) Sarpanches and Panches of Gram Panchayats 02.11.2022 Wednesday) |
10. | Timing of the Poll | Between 7.00 AM to 6.00 PM |
11. | Re-Poll, if any required |
|
|
| For Zila Parishads and Panchayats Samitis | 02.11.2022 (with Gram Panchayats) |
|
| For all Gram Panchayats(Panches and Sarpanches) | 04.11.2022 |
12. | Counting of votes | For Zila Parishads and Panchayat Samitis at the palce specified by the concerned Deputy Commissioner-cumDistrict Election Officer (P) on the date which will be notified by the State Election Commission, Haryana, with the election schedule of remaining Districts and for Sarpanches and Panches on polling booths, immediately after completion of poll on all the polling booths of each Gram Panchayat |
13. | Declaration of result | Immediately after the completion of counting |
5. Petitioner submitted his nomination papers for the post of Sarpanch within the stipulated time and it is stated that his nomination papers were scrutinized on 20.10.2022 with no defect being found therein. He was declared the contesting candidate on 21.10.2022 along with respondents no. 7 to 13. Polling was stated to be held on 02.11.2022 with there being eight wards in their entire village Karsindhu. Total votes are stated to be 1064, however only one polling booth no. 58 was in place. It is submitted that during the course of voting, petitioners' agent identified two or three fake voters and reported the same to the Returning Officer, who also called concerned Sub Divisional Magistrate at the spot and one such fake voter was handed over to the police. It is submitted that pet
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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