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SANJEEV PRAKASH SHARMA, SUDEEPTI SHARMA
Suman – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Sanjeev Prakash Sharma, J. - (Oral)
This is an appeal preferred by the appellant-petitioner who was elected as a Sarpanch. She challenged the order dated 15.12.2023 whereby she was removed from the post of Sarpanch declaring her to be disqualified for the post. She also challenged the order dated 18.04.2023 passed in appeal whereby her appeal against the order dated 15.12.2023 was rejected. The learned Single Judge vide his judgment dated 16.01.2024 dismissed the writ petition holding the petitioner ineligible for the post of Sarpanch as she had not produced any evidence in support of her mandatory qualification required for contesting the election.
2. Learned counsel for the appellant-petitioner has submitted that the petitioner had passed 8th Class from the State of Rajasthan. The requisite qualification for the post of Lady Sarpanch is as required under Section 175 of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as 'the 1994 Act' for short). He submits that the petitioner had, while contesting the election, submitted a 10th Class Certificate issued from Jharkhand State Open School Board, Ranchi in support of her qualification. A complaint was filed al
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 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....
Election candidates must provide authentic documentation. Discrepancies in age and qualifications may lead to disqualification.
Disqualification of a Panchayat member due to false educational qualifications is upheld, emphasizing the role of authority in determining eligibility and the binding nature of an agent's actions on ....
The disqualification provision under Section 13-A (1) (h) of the Haryana Municipal Act, 1973 should be interpreted in its natural and ordinary sense, and the petitioner's qualification from any recog....
The mandatory nature of Section 10(1-A) of the Maharashtra Village Panchayats Act, 1959, and the retrospective termination of the election as per the statute, emphasizing the statutory limitations on....
Disqualification of a Sarpanch under the Odisha Grama Panchayats Act for holding a contractor license implicates procedural compliance with provisions concerning natural justice and the right to resp....
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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