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SURESHWAR THAKUR, SUDEEPTI SHARMA
Anju Bala @ Anju Devi – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. petitioner elected as president, later disqualified. (Para 2 , 3 , 4 , 5) |
| 2. legal challenge to state election commission’s authority. (Para 6 , 7) |
| 3. constitutional provisions govern election disqualifications. (Para 8 , 9 , 10 , 11) |
| 4. amendment aligns with legislative competence in electoral matters. (Para 12 , 13) |
| 5. inquiry findings support conclusion of inauthentic qualification certificate. (Para 14 , 15 , 16 , 19 , 20 , 21 , 22) |
| 6. reasoning regarding evidence and the validity of the alleged fakeness. (Para 18) |
| 7. court's observations on legislative competency and dual remedies. (Para 23) |
| 8. petition dismissed; no merit found. (Para 24 , 25) |
JUDGMENT :
Mr. Sureshwar Thakur, J.
Through the instant writ petition, the petitioner herein prays for the issuance of a writ of Certiorari for setting aside order dated 28.11.2022 (Annexure P-7), wherebys the State Election Commission has removed the petitioner from the post of President, Municipal Council, Sohna.
Factual Background
2. The State Election Commission, Haryana, vide notification No. SEC/1 ME/2022/1481 dated 23.05.2022, issued a programme for conducting general elections for the post of President and Members of all
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 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 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 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.
The court's decision was influenced by the interpretation of Rule 8(7)(a) of the Kerala Municipality (Election of Chairperson and Deputy Chairperson) Rules 1995, which mandates drawing lots and decla....
The main legal point established in the judgment is that the submission of the validity certificate within the stipulated period under Section 51-1B of the Act 1965, and the applicability of Section ....
As per Rule 3 of the Rules, an Election Petition shall be instituted within 30 days from the date of declaration of the result of the election.
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