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LISA GILL, RITU TAGORE
Ketan Walia – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. disqualification criteria for sarpanch (Para 1 , 2) |
| 2. petitioners seek inquiry into disqualification (Para 3 , 4 , 5) |
| 3. competent authority's role in disqualifications (Para 6 , 7) |
JUDGMENT
Lisa Gill, J.
Grievance raised by the petitioners in this writ petition is that respondent No.7 who has been elected to the post of Sarpanch Gram Panchayat, Thakurpura is disqualified to hold the said post in terms of Section 175 (i) of The Haryana Panchayati Raj Act, 1994 (for short 'the Act'). It is submitted that respondent No.7 who had earlier remained Sarpanch of village, Thakurpura for the term starting from the year 2012 was in illegal possession of certain articles which were the property of the Gram Panchayat. The then Sarpanch of the village from 2016 to 2021 had also submitted a complaint in this respect whereon the District Development and Panchayat Officer directed the Block Development and Panchayat Officer on 10.04.2017 (Annexure P-3) to ensure transfer of all articles from the previous Panchayat. However, the articles were not returned by respondent No.7.
2. Respondent No.7, it is stated, submitted his nomination papers for the post of Sarpanch on 26.10.2022 pur
Disqualification of a Sarpanch requires clear evidence of procedural violations; oral communications are insufficient for disqualification, especially regarding women in public office.
The Deputy Commissioner had the authority to order the removal of the petitioner under Section 51(3)(b) of the Haryana Panchayati Raj Act, 1994, as the petitioner did not possess the minimum qualific....
The court ruled that the inquiry against the Sarpanch was not conducted in accordance with law, and the appellant's qualifications were valid, thus upholding her election.
The right to file an appeal under Sec. 51(5) of the Haryana Panchayati Raj Act, 1994 is given to the person aggrieved by an order passed under clauses (1), (3) and (4) of the section.
Subjective satisfaction of the Commissioner on disgraceful conduct justifies disqualification without a conviction under the Maharashtra Village Panchayats Act.
The main legal point established in the judgment is that the vacant post of Sarpanch, as per the amended second proviso to Section 43 of the Maharashtra Village Panchayats Act, must be filled by elec....
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