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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAJESH BHARDWAJ
Nisva @ Nisha Khatoon, Sarpanch – Appellant
Versus
CWP No.25976 of 2023 – Respondent
| Table of Content |
|---|
| 1. removal from sarpanch due to allegations. (Para 2 , 3 , 5) |
| 2. arguments against the disqualification process. (Para 4 , 6) |
| 3. state's case against petitioner upheld. (Para 10 , 12) |
| 4. inquiry findings justified petitioner’s removal. (Para 22 , 23) |
| 5. final decision on dismissal of the petition. (Para 27) |
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 succ
Election candidates must provide authentic documentation. Discrepancies in age and qualifications may lead to disqualification.
The court upheld the disqualification of a Sarpanch candidate for having children after the statutory cut-off date, emphasizing the primacy of official records over private documents in determining e....
The Deputy Commissioner had the authority to order the removal of the petitioner under Section 51(3)(b) of the Haryana Panchayati Raj Act, 1994, as the petitioner did not possess the minimum qualific....
Matriculation certificates are authoritative for age determination in election matters, unless contradicted by unimpeachable evidence.
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.
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