The election of the Chairman of Panchayat Samiti was declared null and void due to procedural irregularities regarding the reservation for women, affirming the necessity of compliance with election rules.

JUDGMENT

Mr. Sudhir Singh, J.

The petitioner seeks a writ in the nature of Certiorari quashing the impugned order dated 25.01.2023 (Annexure P-7), whereby the proceedings of the Meeting of the elected members of Panchayat Samiti, Barwala (Hisar) dated 03.01.2023, conducted by the Prescribed Authority, Panchayat Samiti, Barwala, District Hisar-cum-Sub Divisional Officer (Civil), have been declared as 'null and void' by respondent No.3-State Election Commissioner, Haryana.

2. The facts of the case are that respondent No.2 had issued a notification dated 21.09.2022, whereby the seats/offices of Chairman of Panchayat Samitis in the State of Haryana, were reserved for the purpose of elections (2022) in exercise of the powers conferred under Section 59 of the Haryana Panchayati Raj Act, 1994 (for short 'the Act') read with Rule 6 of the Haryana Panchayati Raj Election Rules, 1994 (for short 'the Rules'). As per the said notification, under Sr. No.17, the name of the Panchayat Samiti was shown as 'Barwala' having population of 44083 and at Sr. No.18, another name of 'Panchayat Samiti Barwala' was shown with the population of 170784. Still further, at sequential No.10 Panchayat Samiti, Barwala was mentioned and the post of Chairman was reserved for woman, whereas at sequential No.11 another Panchayat Samiti, Barwala was mentioned, wherein the post of Chairman was meant for 'other than women'.

3. It is the case of the petitioner that there were two Panchayat Samitis with the name of Barwala, mentioned in the above notification, which had caused confusion as regards the reservation. Therefore, a clarification was sought by the Block Development and Panchayat Officer from Director General, Panchayats. Advice was further sought with regard to reservation for Chairman Panchayat Samiti, Barwala (Hisar) vide letter dated 16.12.2022. However, no response thereto was received. The elections for the Panchayat Samiti, Barwala, Hisar were held and 30 members, including the petitioner were duly elected. Thereafter, in terms of notice dated 24.12.2022, the elected members were called for a meeting so as to elect Chairman and ViceCWP- Chairman on 03.01.2023 at 11:00 O'clock. It is further the case of the petitioner that the meeting was successfully held and the petitioner was duly elected as Chairman of the Panchayat Samiti Barwala (Hisar). The proceedings of the meeting dated 03.01.2023 were forwarded by respondent No.5-Prescribed Authority to respondent No.4-District Election Officer (Panchayat)-cum-Deputy-Commissioner, Hisar. Thereafter, the Prescribed Authority Panchayat Samiti, Barwala-cum-SDO (Civil), Barwala, Hisar, issued a declaration for election of the petitioner as Chairman, Panchayat Samiti, Barwala vide certificate dated 03.01.2023.

4. It is further the case of the petitioner that all of a sudden, vide order dated 25.01.2023, respondent No.3-State Election Commission, Haryana, declared the part of the proceedings of meeting dated 03.01.2023 conducted by the Sub-Divisional Officer (Civil)-cum-Prescribed Authority, Panchayat Samiti Barwala, District Hisar, whereby the petitioner was declared as elected Chairman of the said Samiti, as null and void and further directed the Prescribed Authority to conduct the election for the seat/office of the Chairman, Panchayat Samiti Barwala, Hisar, afresh.

5. Upon notice, the respondents appeared and filed their written statements. In their reply, respondents No.1 and 2 stated that the State Election Commission, Haryana, after receipt of the report from the Districts Hisar and Panchkula noticed that a mistake had been committed by the Sub- Divisional Officer (Civil)-cum-Prescribed Authority, Panchayat Samiti Barwala, District Hisar, while conducting the election for the post of Chairman, Panchayat Samiti, Barwala, Hisar. The said fact was brought to the notice of the Director General, Development and Panchayat Department, Haryana vide letter dated 23.01.2023, with the request to issue a clarification t