Advocates:
Advocate Appeared:
For the Appellant :Mr. Sanjeev Sharma, Senior Advocate with Ms. Sharmila Sharma, Advocate; Mr. Vikram Sharda, Advocate; Mr. Mazlish Khan, Advocate and Mr. Mohd. Tarif, Advocate
For the Respondent:Mr. Rajneesh Chadwal, AAG, Haryana. Mr. Vikram Singh, Advocate with Mr. Surjit, Advocate

JUDGMENT :

Rajesh Bhardwj, J.

Petitioner has approached this Court impugning order dated 03.07.2023 (Annexure P-7) passed by respondent No.3 whereby the petitioner has been removed from the post of Sarpanch and order dated 08.11.2023 (Annexure P-10) passed by respondent No.2 whereby the statutory appeal filed by the petitioner has been dismissed and thus the order passed by respondent No.3 has been upheld. Further prayer has been made for staying the operation of impugned order dated 08.11.2023 (Annexure P-10) and order dated 03.07.2023 (Annexure P-7) during the pendency of the present petition.

2. Succinctly the facts as culled out from the pleadings of the present case are that the petitioner was elected as Sarpanch of Gram Panchayat Chila, Block Tauru, Distrit Nuh, Haryana on 02.11.2022. Respondent No.8 also contested the election however the petitioner remained successful by winning the election. Respondent No.8 thereafter filed a complaint wherein primarily three allegations were made against the petitioner, which are as follows:

1. The petitioner did not complete the minimum age of 21 years as on the date of nomination and thus, she has filed the nomination papers on the basis of fake certificates to manipulate her age.

2. The petitioner in support of her minimum qualification required of 8th class has filed a fake educational certificate and

3. The petitioner had more than 5 votes in the village.

3. Thus, it was alleged that the petitioner is disqualified as per the statutory provisions of Haryana Gram Panchayat Act, 1994 and hence she deserves to be removed from the post of Sarpanch.

4. On the complaint filed, an inquiry was entrusted to the Sub Divisional Officer (Civil), Tawru. He conducted the inquiry in the allegations made and submitted his report dated 20.02.2023 to the Deputy Commissioner, Nuh. In pursuance to the inquiry conducted, a show cause notice dated 09.03.2023 was issued to the petitioner along with the inquiry report. The learned Deputy Commissioner, Nuh heard both the sides and finding the allegations having been substantiated during the inquiry, removed the petitioner under Section 51 (3)(b) of the Haryana Panchayati State Act, 1994 (hereinafter referred to as 'the Act') by passing the impugned order dated 03.07.2023. Being aggrieved, the petitioner assailed the same by way of filing the appeal under (5) of the Panchayati Raj Act before the learned Commissioner, Faridabad. However on hearing both the sides and re-appreciating the evidence on record, the learned Commissioner found no merit in the appeal filed by the petitioner and thus dismissed the same vide order dated 08.11.2023. Hence the petitioner is before this Court by way of filing the present writ petition.

5. Learned senior counsel along with Ms. Sharmia Sharma, Advocate appearing for the petitioner has vehemently contended that the petitioner has fallen victim to the conspiracy hatched by respondent No.8 in order to settle the score with the petitioner as she (respondent No.8) lost the election of Sarpanch where the petitioner remained successful. He has submitted that the complaint was filed on the basis of false and frivolous allegations which were inquired in violation of the settled principles of law. He submits that the inquiry report dated 20.02.2023 is based on no evidence but the same has been made the basis for removal of the petitioner from her duly elected post and thus, the impugned orders passed are totally unsustainable in the eyes of law. He submits that the petitioner had duly produced her birth certificate issued by the Government of Haryana wherein her date of birth has been shown to be 04.12.1998. It has been s