IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-68-2024 (O/M)

Reserved on : 31.01.2025 Date of decision : 30.04.2025 Manoj Kumar ...... Petitioner Versus State of Haryana and others ...... Respondents CORAM : HON'BLE MR. JUSTICE HARSH BUNGER Present :- Mr. P.K. Ganga, Advocate for the petitioner.

Mr. Kapil Bansal, DAG Haryana. -.- -.-

HARSH BUNGER, J.

1. Petitioner (Manoj Kumar) has filed the instant civil writ petition under Articles 226/227 of Constitution of India, inter alia, seeking a writ in the nature of certiorari for setting aside the order dated 26.07.2023 (Annexure P-9), passed by learned Deputy Collector, Sirsa, whereby the petitioner has been removed from the post of Sarpanch of Gram Panchayat Chilkani Dhab, Tehsil and District Sirsa.

1.1 A further prayer has been made for setting aside the order dated 15.12.2023 (Annexure P-15), passed by the learned Commissioner, Hisar Division, Hisar (in short 'Divisional Commissioner'), whereby an appeal filed by the petitioner against order dated 26.07.2023 (Annexure P-9), has been dismissed.

2. Briefly, the petitioner (Manoj Kumar) was elected as a Sarpanch of Gram Panchayat Chilkani Dhab, Tehsil and District Sirsa, in the panchayat elections held in the State of Haryana on 12.11.2022 and thereafter, the petitioner took oath of the office of Sarpanch on 03.12.2022.

2.1 It appears that respondent No. 4-Block Development and Panchayat Officer, Ellenabad, issued a letter dated 09.12.2022 (Annexure P-2) observing that the Council of Open School Education, Rajasthan, was not recognized board and falls in the list of fake board/schools, therefore, the 10^th class certificate of the petitioner is a fake.

2.2 Upon learning about the aforesaid letter dated 09.12.2022 (Annexure P-2), petitioner submitted a representation dated 13.12.2022 (Annexure P-7) to the learned Deputy Commissioner, Sirsa, explaining his position that he had appeared in the examination held in May, 2018 under roll No. 10129493 and passed the said examination with second division and thereafter the migration certificate was issued on 22.08.2018. It was asserted that all the documents are fair and genuine, accordingly, the petitioner asked for the proper verification of the documents done before taking any adverse action against him.

2.3 Simultaneously, the petitioner also approached this Court by filing a writ petition (CWP-29725-2022) seeking setting aside of the letter dated 09.12.2022 (Annexure P-2), however, the same was dismissed as withdrawn, vide order dated 24.01.2023 (Annexure P-8) with liberty to the petitioner to take all the pleas in the proceedings that may be initiated against him.

2.4 It transpires that the learned Deputy Commissioner, Sirsa, vide order dated 26.07.2023 (Annexure P-9), removed the petitioner from the post of Sarpanch on the ground that the petitioner contested the election on the basis of fake educational certificate and, therefore, he was ineligible under Section 175 (v) of Haryana Panchayati Raj Act, 1994 (in short '1994 Act').

2.5 Feeling aggrieved against the order dated 26.07.2023 (Annexure P-9), the petitioner preferred an appeal before learned Divisional Commissioner, which was dismissed, vide order dated 15.12.2023 (Annexure P-15) by holding that the 10^th class certificate presented by the petitioner at the time of filing his nomination papers was not from any recognized board.

3. In the aforementioned circumstances, the petitioner has filed the instant civil writ petition before this Court for the relief (s), as noticed hereinabove.

4. Heard.

5. Learned counsel for petitioner submits that the learned Deputy Commissioner, Sirsa as well as learned Divisional Commissioner have erred in law and facts in passing the impugned orders. It is submitted that the 10^th class certificate of the petitioner issued by the Council of Open School Education, Rajasthan is recognized by the Government of India as well as by the Government of Rajasthan, which is equivalent to the certificate issued