JUDGMENT

Lisa Gill, J.

Petitioners who are the unsuccessful candidates in the election to the post of Sarpanch, Gram Panchayat Nai, have filed this writ petition seeking cancellation of election to the post of Sarpanch, Gram Panchayat, Nai held on 02.11.2022, on the ground of casting of bogus votes.

2. It is submitted that all the petitioners alongwith respondent no.7 (who has not even been impleaded as party by name) had contested the election for the post of Sarpanch. It is submitted that polling was held on 02.11.2022. Bogus and fraudulent votes were cast by capturing the booths by supporters of respondent no.7. It is submitted that votes of dead persons were cast alongwith shifted, double and forged votes. It is further submitted that complaint in this regard was given to the authorities on the same day and on 18.11.2022 another representation was submitted. The factum of booth capturing, it is stated, was duly videographed. Learned counsel for the petitioners thus submits that due to such bungling, which is apparent on the face of it, respondent no.7 should not be permitted to continue on the post of Sarpanch. Furthermore, present writ petition it was stated should be entertained notwithstanding right of the petitioners to file an election petition which in any case, it was urged, was not an efficacious remedy in the given facts and circumstances.

3. We heard learned counsel for the petitioners and the State and went through the file with their assistance, however, we do not find any ground whatsoever to interfere in the matter in exercise of jurisdiction under Article 226 of the Constitution of India for the reasons as described hereinafter.

4. It is pertinent to note that there is a clear-cut bar to interference by Courts in electoral matters as provided in Article 243(O) of the Constitution of India. Article 329 of the Constitution of India also creates a bar to interference by Courts in electoral matters. Consequent to incorporation of part IX in the Constitution of India (73rd Amendment of Act, 1992), which came into force w.e.f. 24.04.1993, the Haryana Panchayati Raj Act , 1994 (for short the 1994 Act) was promulgated and enforced w.e.f. 22.04.1994. Chapter 20 of the 1994 Act deals with provisions relating to elections.

5. Section 170 of the 1994 Act creates a bar for interference in election matters, which reads as under:-

170. No Civil Court shall have jurisdiction-

(a) to entertain or adjudicate upon any question whether any person is or is not entitled to have his name included in a list of voters; or (b) to question the legality of any action taken or decision given by or under the authority of the State Election Commission in connection with the preparation, maintenance or revision of any such list.

6. Section 176 of the 1994 Act provides for presentation of an election petition to Civil Court having ordinary jurisdiction in the area within which election has been or should have been held. Section 176 of the 1994 Act reads as under:-

176. (1) If the validity of any election of a member of a Gram Panchayat, Panchayat Samiti or Zila Parishad or Sarpanch of Gram Panchayat, Chairman or Vice-Chairman, President or Vice-President of Panchayat Samiti or Zila Parishad respectively is brought in question by any person contesting the election or by any person qualified to vote at the election to which such question relates, such person may at any time within thirty days after the date of the declaration of results of the election, present an election petition to the civil court having ordinary jurisdiction in the area within which the election has been or sh