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SURESHWAR THAKUR, SUDEEPTI SHARMA
Satish Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Through the instant writ petition, the petitioner herein prays for the issuance of a writ of Certiorari for declaring null, void and ultra vires the Haryana Municipal (Amendment) Act, 2018 (Annexure P-6) dated 19.04.2018 and the notification No.Leg.34/2019 dated 04.09.2019 publishing Haryana Act No.33 of 2019, which has amended the Haryana Municipal (Second Amendment) Act, 2019 (Annexure P-7), to the extent, that the provisions of Section 13I have been untenably inserted/substituted in the Principal Act of 1973, wherebys the State Election Commission has been untenably empowered to remove the President or Member(s), thus on account of theirs respectively incurring any statutory disqualification. The petitioner further prays for setting aside the Show Cause Notice dated 21.11.2022 (Annexure P-2) issued by the State Election Commission to the petitioner, who is the elected President of Municipal Committee, Assandh, whereby the petitioner has been asked to show cause against the initiation of action under impugned Section 13I of the Haryana Municipal Act, 1973 (hereinafter referred to as ‘the Act of 1973’), provisions whereof becomes extracted hereinaft
The court upheld the Haryana Municipal (Amendment) Act, 2018, affirming the State Election Commission's authority to remove elected officials for disqualifications, aligning with legislative competen....
The court affirmed the legislative authority of the Election Commission to remove elected officials for disqualifications and established the burden of proof for authenticity rests on the individual.
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....
A State Election Commission must address the maintainability of complaints regarding disqualifications as a preliminary issue before delving into merits, to ensure valid exercise of jurisdiction.
The main legal principle established in the judgment is that the State Election Commissioner must consider disqualification issues based on unimpeachable materials and relegate parties to a competent....
The District Commissioner lacks jurisdiction to remove a Panchayat member based solely on disqualification claims; such matters must be handled through an election petition post-election results, adh....
The removal of an elected official requires strict adherence to statutory provisions and principles of natural justice, ensuring due process in disqualification cases.
Point of law: The challenge to the constitutional validity of Section 175 (1)(q) and Section 177 (1) must fail. The right to contest an election for any office in Panchayat is neither fundamental nor....
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