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.

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 alleging that the qualification of 10th Class certificate of the petitioner was fake and forged. In an investigation conducted by the District Education Officer, Sirsa the certificate was found to be forged and action was initiated against her under Section 51 of the 1994 Act holding her disqualified in view of Section 175 (v) of the said Act. The petitioner was removed from the post of Sarpanch by the Deputy Commissioner vide order dated 18.04.2023. The petitioner preferred an appeal to the Commissioner, Hisar Division, Hisar and also produced certificate showing her as 8th Class pass which is the minimum educational qualification required for the post of Sarpanch. However, it is submitted that the Commissioner failed to take into consideration the 8th Class pass certificate and proceeded to reject the appeal on the premise that the 10th Class Certificate produced was not recognised.

3. Learned counsel submits that the Single Judge of this Court has put the onus on the petitioner to prove that the 8th Class Certificate produced by her was genuine and has rejected the writ petition solely on the ground that she failed to produce any evidence in support of the mandatory qualification. Learned counsel submits that the issue was not examined by the authorities and the passing of 8th Class has not been denied by the respondents. It is further submitted that the certificate of 10th Class obtained from Jharkhand State Open School Board, Ranchi could not have been made the basis to disqualify her from the post of Sarpanch. Merely because it was not recognised by Haryana Board of School Education, it cannot be said to be forged. Learned counsel has also placed on record the copy of the website of the Board of School Education, Haryana which mentions of list of unrecognised school boards and examinations conducted by the said boards which have not been accepted for higher studies in IGNOU. Learned counsel submits that the same cannot be a ground to declare her to be disqualified for the post of Sarpanch. The counsel also relies on judgment reported in AIR 2020, Punjab & Haryana 150, Vikram Singh v. Ramesh Kumar and others to submit that the Matriculation Certificate secured by elected candidate may not be recognised by the concerned State and the concerned Deputy Commissioner was required to verify that Matriculation Certificate issued was recognised by any other board/institution elsewhere.

4. Learned counsel for the State has, per contra, submits that the action taken against the petitioner-appellant was in conformity with the provisions of the 1994 Act. She submits that the qualification as required under Section 175 (v) of the said Act for holding the post of Sarpanch was that 'he/she has not passed Matriculation examination from any recognised institution/