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RAJ MOHAN SINGH, HARPREET SINGH BRAR
Kiranjeet Kaur – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. factual background surrounding the election contest. (Para 2) |
| 2. arguments regarding qualifications and objections. (Para 3 , 4) |
| 3. court's observations on electoral process and remedies. (Para 5 , 6 , 7 , 8 , 12 , 13) |
| 4. statutory interpretation and grounds for disqualification. (Para 9 , 10) |
| 5. final ruling on the maintainability of the writ petition. (Para 14 , 15) |
Judgment
Mr. Harpreet Singh Brar, J.
The petitioner has approached this Court under Article 226/227 of the Constitution of India for issuance of a writ in the nature of Certiorari for setting aside the impugned Enquiry Report dated 13.01.2023 (Annexure P-3) submitted by respondent No.3 as well as the impugned order dated 23.01.2023 (Annexure P-4) passed by respondent No.2 whereby on the basis of enquiry report (Annexure P-3), complaint made by the petitioner was filed and consigned to the office, with a further prayer to issue a writ in the nature of Mandamus, directing the official respondents to cancel the election of respondent No.5 and conduct a fair and impartial enquiry against her as she is in illegal occupation of the land, which belongs to the Municipal Council.
FACTUAL BACKGROUND
2. Succinctly, fa
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