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

CWP-15709-2024 (O&M)

Date of Decision: 22.08.2025 Sabnam ….Petitioner Versus State of Haryana and others ….Respondents CORAM: HON’BLE MR. JUSTICE HARSH BUNGER Present : Mr. Vikram Singh, Advocate for the petitioner.

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

Mr. Vineet Chaudhary, Advocate and Mr. Sanyam Kshetarpal, Advocate for respondent No.6.

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HARSH BUNGER, J. (Oral)

The instant writ petition has been filed 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 16.01.2024 (Annexure P-6) passed by the Deputy Commissioner, Gurugram, whereby the petitioner- Sabnam was removed from the post of Sarpanch of Gram Panchayat of Village Nunera, Tehsil Sohna, District Gurugram.

1.1 A further prayer has been made for setting aside order dated 26.06.2024 (Annexure P-8) passed by the learned Commissioner, Gurugram Division, Gurugram whereby an appeal filed by the petitioner against order dated 16.01.2024 (Annexure P-6) has been dismissed.

2. Briefly, the petitioner- Sabnam was elected as Sarpanch of Village Nunera in the elections held in the year 2022. Subsequently, respondent No.6 instituted an election petition and simultaneously she also filed a complaint before the District Authorities alleging that the educational certificates on the basis of which the petitioner contested the elections, were fake.

2.1 It transpires that upon filing of the aforesaid complaint before the District Authorities, respondent No.6 filed a writ petition before this Court bearing CWP No.28686-2022, which came to be disposed of by a Division Bench of this Court vide order 23.01.2023 (Annexure P-2), the relevant extract of which reads as under:

“Keeping in view the short reply by way of affidavit dated

19.01.2023 of Mr. Parmendra Singh, BDPO, Sohna– respondent no.6, wherein it has been mentioned that complaint of the petitioner has been forwarded by the Deputy Commissioner, Gurugram to the Sub Divisional Officer (Civil), Sohna for inquiry, we do not find any ground whatsoever to interfere in the matter, at this stage, while expecting that the inquiry shall be conducted expeditiously and final decision taken thereon by the competent authority in accordance with law.”

2.2 Thereafter, upon the complaint filed by respondent No.6 before the District Authorities, an enquiry was marked to the Sub Divisional Officer (Civil) Sohna who sought reports from the District Elementary Education Officer and also the District Education Officer, Dhanbad.

2.3 After considering the aforesaid reports, learned Sub Divisional Officer submitted his enquiry report dated 04.05.2023 (Annexure P-5) stating that the transfer certificate of the petitioner of 8^th class and also the

10^th class certificate, submitted by the petitioner, were fake.

2.4 Thereafter, it appears that the petitioner requested for a re-enquiry and the learned Deputy Commissioner, Gurugram on 12.06.2023, ordered a re-enquiry whereupon an enquiry report dated 27.10.2023 (Annexure R-4/1) was submitted observing that the certificate of 8^th class attached by the petitioner along with her nomination form was not genuine and correct. Thereafter, a notice dated 14.11.2023 was issued to the petitioner and an opportunity of hearing was also afforded to the petitioner on 17.11.2023, however, the petitioner failed to submit the requisite material/evidence to prove that her educational certificates were genuine.

2.5 Accordingly, upon consideration of the matter, the Deputy Commissioner, Gurugram vide order dated 16.01.2024 (Annexure P-6), removed the petitioner from the post of Sarpanch.

2.6 Feeling aggrieved against the order dated 16.01.2024 (Annexure P-6), the petitioner preferred an appeal before the learned Commissioner, Gurugram Division, Gurugram, which has also been dismissed vide order dated 26.06.2024 (Annexure P-8).

3. In the aforementioned circumstances, the petitioner has filed the