230 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****

CM-1538-CWP-2025 in/and CWP-10439-2024 (O&M)

Date of Decision: 28.02.2025 Ram Bharose ….Petitioner Versus State of Haryana and others ….Respondents CORAM: HON’BLE MR. JUSTICE HARSH BUNGER Present : Mr. Sanjiv Kumar Aggarwal, Advocate for the petitioner.

Mr. Kapil Bansal, DAG, Haryana.

Mr. Kshitij Bharati, Advocate for respondent No.6.

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HARSH BUNGER, J. (Oral)

CM-1538-CWP-2025 This is an application filed under Section 151 of the Code of Civil Procedure seeking preponement of date of hearing (03.04.2025) fixed in the main petition being CWP-10439-2024 to some early date. For the reasons mentioned in the application, the same is allowed and the main case (CWP-10439-2024), which is otherwise fixed for

03.04.2025 is preponed and is taken on board today itself for hearing.

Application is accordingly disposed of.

CWP-10439-2024 (O&M)

Petitioner (Ram Bharose) has filed the instant Writ Petition under Articles 226/227 of the Constitution of India inter alia seeking issuance of a writ in the nature of Certiorari for setting aside order dated 08.04.2024 (Annexure P-8), passed by respondent No.6-State Election Commissioner, Haryana, whereby the petitioner has been removed from the post of Member, Ward No.14, Municipal Committee, Safidon, District Jind.

2. Briefly, the elections of various Municipal Councils/Committees were held in the State of Haryana on 19.06.2022, wherein the results were declared on 22.06.2022. The present petitioner contested for the post of Member / Councilor, Ward No.14, Municipal Council, Safidon, District Jind and was declared elected therein.

2.1 On 30.09.2022, a complaint was submitted by one Sh. Ajit Kumar s/o Sh. Balwan Singh, wherein he inter alia alleged that the petitioner at the time of the aforesaid elections submitted a forged Scheduled Caste Certificate and accordingly demanded cancellation of his membership and other legal action against the petitioner.

2.2 Upon receipt of the aforesaid complaint by the State Election Commissioner, Haryana on 03.10.2022, the same was forwarded to the Deputy Commissioner, Jind vide a letter dated 10.10.2022 for taking necessary action. Another similar complaint submitted by Sh. Ajit Kumar was also forwarded to the Deputy Commissioner, Jind vide letter dated 06.12.2022 with the request that the matter be got enquired through Additional Deputy Commissioner, Jind or some senior officer and enquiry report be sent to the State Election Commissioner, Haryana.

2.3 It transpires that the petitioner preferred a Civil Suit No.63/2023, titled as “Ram Bharose vs. State of Haryana and others” in respect of his caste certificate.

2.4 In the meanwhile, the Scheduled Caste Certificate of the petitioner was cancelled by the Naib Tehsildar, Safidon vide his letter/order dated 24.11.2023 (Annexure P-3). The relevant extract of which reads as under:

“It is clear from the report of the proceedings and the statements of all the departments and the persons joined in this proceeding that the Dhanak caste certificate No. 361/S.C. dated 14.06.2007 of Sh. Ram Bharose son of Sh. Debu Dass has been wrongly issued on the basis of the report of the then Councillor.

Consultation in this matter was done by the Tehsil Office, Safidon with Assistant District Attorney, D.C. Office, Jind vide letter No. 964/T.R.A. dated 08.09.2023, in reply to which the Assistant District Attorney, D.C. Office, Jind suggested to take decision on the basis of own discretion vide letter No.

1004/A.D.A. dated 26.09.2023.

I, Rashvendra Singh, Additional Naib Tehsildar, Safidon cancel the caste certificate No. 361/S.C. dated 14.06.2007 today on 28.11.2023 with immediate effect. Alongwith it, I direct Sh. Ram Bharose that he must submit the caste certificate No. 361/S.C. dated 14.06.2007 in the Tehsil Office, Safidon on or before 28.11.2023. Sh. Ram Bharose must not use the caste certificate No. 361/S.C. dated 14.06.2007 for any work, otherwise legal action would be initiated agains