The legal principle indicates that disqualification for illegal occupation of land applies solely to the individual committing the act, not to family members.

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, facts of the case are that the petitioner and respondent No.5 had contested the election of Municipal Committee, Rania for Ward No.2 wherein respondent No.5 was declared as the elected candidate. The elections of the Municipal Committee, Rania were slated to be held on 19.06.2022 for which respondent No.5 namely Suraiya had filed her nomination papers on 03.06.2022 and given an undertaking that she was living in joint family along with her father-in-law at Unit No.303 of Ward No.2. Since father-in-law of respondent No.5 namely Durga was in illegal occupation of the land of the Municipal Committee, Rania, objections were raised by the petitioner in this regard before respondent No.3-Returning Officer at the time of scrutiny of her nomination papers but he did not consider the said objections and discarded the documentary proof furnished by the petitioner against respondent No.5. The petitioner herein had also made a complaint dated 07.07.2022 (Annexure P-1), which was duly supported by the affidavit on which an enquiry was conducted by respondent No.3. As the petitioner had an apprehension that respondent No.3 would not conduct a fair and impartial enquiry, she had submitted an application to respondent No.2 on 23.08.2022 (Annexure P-2) requesting therein to change the enquiry officer but no action was taken thereon and respondent No.3 was allowed to continue with the enquiry. On 13.01.2023, respondent No.3 had submitted the enquiry report wherein he concluded that objections were called in respect of all the contesting candidates at the time of election process but no objections were received by the Returning Officer, Municipal Council, Rania and if the complainant i.e. the petitioner herein had any objection against the elected candidate, she could avail the remedy available to her as per Rules. Vide his report dated 13.01.2023, respondent No.3 had recommended to file the complaint made by the petitioner against respondent No.5. On the basis of aforesaid report, respondent No.2 had passed order dated 23.01.2023 (Annexure P-4) informing the petitioner that her complaint was consigned in the office. Hence, the present writ petition is filed.

CONTENTIONS

3. Learned counsel for the petitioner argues that respondent No.3 has gravely erred in returning a finding that respondent No.5 is residing separately from her father-in-law and has a separate family identity card as well, therefore, she cannot be disqualified on the ground that her father-in-law is in illegal occupation of the land owned by the Municipal Council, while completely ignoring the report submitted by the Secretary, Municipal Committee, Rania, who vide his letter dated 29.11.2022 (Annexure P-5) has stated that Durga i.e. father-in-law of respondent No.5 is in illegal occupation of the land, whi