IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1) CWP-10210-2024 (O&M)

Date of decision :22.08.2025 NISHA …Petitioner Versus STATE OF HARYANA AND OTHERS …Respondents (2)

CWP-17624-2024 (O&M)

Date of decision :22.08.2025 NISHA …Petitioner Versus STATE OF HARYANA AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARSH BUNGER Present : Mr. Vikram Singh, Advocate Mr. Saleem Ahmed, Advocate for the petitioner.

Mr. S.K. Panwar, Addl. A.G., Haryana.

HARSH BUNGER, J.

This order shall dispose of CWP-10210-2024 titled as Nisha vs State of Haryana and others as well as CWP-17624-2024 titled as Nisha vs State of Haryana and others, as both the cases involve common questions of law and facts.

2. Prayer in CWP-10210-2024 titled as Nisha vs State of Haryana and others, is for issuance of a writ in the nature of certiorari for setting aside the order dated 16.03.2024 (Annexure P-6) passed by the learned Deputy Commissioner, Palwal; whereby, the petitioner has been removed from the post of Sarpanch.

2.1 A further prayer has been made for setting aside the order dated 10.04.2024 (Annexure P-8) passed by the learned Commissioner, Faridabad Division, Faridabad; whereby, an appeal filed by the petitioner against order dated 16.03.2024 (Annexure P-6) passed by the learned Deputy Commissioner, Palwal, has been dismissed.

3. Prayer in CWP-17624-2024 titled as Nisha vs State of Haryana and others, is for issuance of a writ in the nature of mandamus for directing the respondents to consider the 10^th Class Certificate of Urdu Education Board, as recognized for the purposes of educational qualification, of the petitioner.

4. For the sake of convenience, the facts are being derived from CWP-10210-2024 titled as Nisha vs State of Haryana and others.

5. Succinctly, the petitioner was elected as the Sarpanch of Gram Panchayat, Alika, Block Palwal, District Palwal in the year 2022. It appears that one Utkarsh (respondent No.9), submitted a complaint against the petitioner alleging that at the time of contesting election, the petitioner- Nisha had shown her educational qualification as 10^th Class pass from Urdu Education Board, Delhi, whereas, the said Board is not recognized by the Haryana Education Board.

5.1 It appears that on the basis of the afore-said complaint submitted by respondent No.9, report was sought from the Haryana Education Board, Bhiwani; whereupon, the report dated 06.06.2023 (Annexure P-2) was submitted by the District Education Officer, Palwal, stating that any educational certificate granted by the Urdu Education Board, Delhi is neither equivalent to any examination conducted by the Haryana School Education Board nor the same is included in the equivalency list. However, it was further indicated that it is only the State Election Commission, Panchkula, who can tell as to whether anyone can contest the election of Panch/Sarpanch, in the State of Haryana, on the basis of educational certificate issued by the Urdu Education Board, Delhi. 5.2 It further appears that a Show Cause Notice was issued to the petitioner, to which, she submitted her reply dated 21.07.2023 (Annexure P-3), wherein, it was inter alia stated by the petitioner that she had appeared for the 10^th Class examination from the Urdu Education Board in the year 2020 and upon verification of the same, the District Education Officer, Palwal had stated that the said Board was not recognized by the Haryana School Education Board; however, it was also written that only the State Election Commission can tell as to whether any person, having the educational certificate from the afore-said Board, can contest the election to the post of Panch/Sarpanch in the State of Haryana. It was further stated that the District Education Officer, had nowhere stated that the certificate issued by the Urdu Education Board, Delhi was fake.

5.3 Another plea raised by the petitioner was that as per the provisions contained in Section 175(v) of the Haryana Panchayati Raj Act, 1994 (for short `the 1994 Act’),