Sumaiya Khanam vs State of Haryana - 2023 Supreme(P&H) 3333

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3333

LISA GILL, RITU TAGORE
Sumaiya Khanam – Appellant
Versus
State of Haryana – Respondent

Advocates Appeared:
Mr. Sarfraj Hussain, Advocate; For the Petitioners
Ms. Shruti Jain Goyal, DAG, Haryana.
Mr. Sunil Saharan, Advocate for Mr. Jitender Dhanda, Advocate for Respondent no.7.

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 entertaine