IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-19972-2025 (O&M)

Date of decision :27.08.2025 ANJUMAN …Petitioner Versus STATE OF HARYANA AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARSH BUNGER Present : Mr. Vikram Singh, Advocate for the petitioner.

Ms. Upasana Dhawan, A.A.G., Haryana.

HARSH BUNGER, J. [ORAL]

Prayer in the present writ petition, filed under Articles

226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for setting aside the order dated 20.03.2025 (Annexure P-10) passed by the learned Deputy Commissioner, Nuh; whereby, the petitioner has been removed from the post of Sarpanch of Gram Panchayat Leharwadi, Tehsil Punhana, District Nuh.

A further prayer has been made for setting aside the order dated 04.07.2025 (Annexure P-12) passed by the learned Divisional Commissioner, Faridabad; whereby, an appeal filed by the petitioner against order dated 20.03.2025 (Annexure P-10) has been dismissed.

2. Briefly, the by-elections for the post of Sarpanch of Gram Panchayat Leharwadi, were held wherein, the petitioner was declared elected. Respondent no.6-Salma also contested the afore-said elections to the post of Sarpanch; however, she lost the same.

2.1 It appears that respondent No.6-Salma filed a complaint before the learned Deputy Commissioner, Nuh, alleging that the educational documents submitted by the petitioner at the time of her nomination are fake and bogus. It was further alleged that the petitioner is an illiterate person, who does not know how to read and write.

2.2 On the basis of the afore-said complaint, the Deputy Commissioner, Nuh vide its letter dated 12.10.2023 (Annexure P-2), marked an enquiry to the Sub-Divisional Officer (Civil), Punhana; who conducted the enquiry and submitted his report dated 11.06.2024 (Annexure P-3).

2.3 It transpires that the learned Deputy Commissioner, Nuh, vide letter dated 01.07.2024 got another enquiry conducted from the Chief Executive Officer, Zila Parishad, Nuh; who submitted his enquiry report dated 22.08.2024 (Annexure P-9) stating that the petitioner cannot be considered as 8^th pass.

2.4 Thereafter, a Show Cause Notice along with inquiry report was served upon the petitioner vide letter dated 20.08.2024, but no reply was given by the petitioner. Thereafter, the petitioner was called for personal hearing on 05.11.2024 and 26.12.2024, wherein the petitioner could not present any document to show that she has requisite educational qualification.

2.5 Apparently, the learned Deputy Commissioner, Nuh, upon consideration of the matter, passed an order dated 20.03.2025 (Annexure P-10) holding that the petitioner was ineligible to contest the elections for the post of Sarpanch on account of the non-fulfilment of the minimum educational qualification prescribed under Section 175(v) of the Haryana Panchayati Raj Act, 1994 (in short `the 1994 Act’).

2.6 Being aggrieved, the petitioner preferred an appeal against the order dated 20.03.2025 (Annexure P-10) before the learned Divisional Commissioner, Faridabad, who vide its order dated 04.07.2025 (Annexure P-12) dismissed the appeal preferred by the petitioner, holding that she did not fulfil the eligibility criteria of passing Class 8^th as prescribed by the government. The relevant extract of order dated

04.07.2025 (Annexure P-12) reads as under :-

“After hearing the arguments of both the sides and examining the records of the following officer, it was found that the name of the appellant was struck off due to non- payment of school fees while studying in class 9. It is recorded in the school records, but the Chief Administrative Secretary, School and Sanskrit Education, Government of Rajasthan, No.(4) Pra.Shi./2012, Jaipur, dated 08.10.2012 had issued guidelines which were applicable from the session year 2012- 13 according to which any student would be eligible to appear for the annual examination whose attendance in the class should be more than 70% whereas the appellant has only 8 da