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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
The legal principle indicates that disqualification for illegal occupation of land applies solely to the individual committing the act, not to family members.
The main legal principle established in the judgment is that the State Election Commissioner must consider disqualification issues based on unimpeachable materials and relegate parties to a competent....
The court affirmed the legislative authority of the Election Commission to remove elected officials for disqualifications and established the burden of proof for authenticity rests on the individual.
Elected members cannot be suspended automatically without sufficient cause; the authority has discretion based on disclosed information.
The disqualification provision under Section 13-A (1) (h) of the Haryana Municipal Act, 1973 should be interpreted in its natural and ordinary sense, and the petitioner's qualification from any recog....
The Election Tribunal has the jurisdiction to entertain an Election O.P. filed under Sec. 21(3) of the Telangana Panchayat Raj Act, 2018, and the burden of proof lies with the petitioner to disprove ....
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