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SURESHWAR THAKUR, SUDEEPTI SHARMA
Anju Bala @ Anju Devi – Appellant
Versus
State of Haryana – Respondent
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 wards of 28 Municipal Committees and 18 Municipal Councils in the State. The petitioner contested the election for the post of President, Municipal Council, Sohana, Gurugram. The elections for the said municipal committee was conducted on 19.06.2022 and the result was declared on 22.06.2022 whereby the petitioner was declared as the winner by securing 12185 votes.
3. Thereafter, Smt Lalita-respondent No.8, resident of Sohana, Gurugram vide complaint dated 28.06.2022, rather allegedly raised frivolous allegation against the petitioner, that the petitioner, at the time of filing of nomination for the post of the President, rather had attached therewith an invalid/
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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