JUDGMENT

Lisa Gill, J.

Prayer in this writ petition is for cancellation of candidature of respondent no.8 and her removal from the post of Sarpanch of village Raja Kheri, District Panipat, to which she was elected in the election held on 02.11.2022.

2. It is submitted that election to the post of Sarpanch of village Raja Kheri, Tehsil and District Panipat was scheduled to be held on 02.11.2022 with the post in question being reserved for Scheduled Caste category (woman). Dates for submission of nomination form were between 14.10.2022 to 19.10.2022. It is submitted that respondent no.8 submitted incorrect information in a fraudulent manner to reflect herself to be a voter of village Raja Kheri. Her name was not entered in the voters list of the said village. She applied for enrollment of her name and on the last date prescribed for submission of nomination form, vote of respondent no.8 was prepared, i.e. on 19.10.2022. Respondent no.8 filled up her nomination form claiming herself to be the wife of Parveen. Nomination form is stated to have been submitted after the designated time i.e. 3:00 P.M. Furthermore, respondent no.8, it is alleged, wrongly claimed herself to be the wife of Parveen whereas said Parveen is already married with one Savita. Thus, a bogus vote in connivance with the concerned officials is claimed to have been prepared by respondent no.8. It is further contended that respondent no.8 has incorrectly contested the election for the post of Sarpanch reserved for Scheduled Caste category.

3. Learned counsel for the petitioners submits that representations in this regard were submitted by the present petitioners alongwith other residents of the village on 20.10.2022/03.11.2022 but to no avail. It is, thus, prayed that respondent no.8 should be removed from the post of Sarpanch on the ground of submission of false and fraudulent information in the nomination form and affidavit submitted by her with the nomination form being received after the stipulated time of 3:00 P.M. Action against the erring officials is also sought.

4. Though, notice of motion was not issued in this writ petition, learned counsel for the State has rendered assistance as advance copy of the writ petition stood supplied.

5. We have heard learned counsel for the parties and have gone 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.

6. 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.

7. 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.

8. Section 176 of the 1994 Act provides for presentation of an election petition to Civil Court having