IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

118 CM-6273-CWP-2026 in/and CWP-9372-2026 (O&M)

Date of decision: 27.04.2026 Manoj Kumar ....Petitioner Vs.

State of Haryana and others ....Respondents CORAM : HON’BLE MR. JUSTICE HARSH BUNGER Present: Mr. Kunal Dawar, Sr. Advocate assisted by Mr. Saurav Bajaj, Advocate for the petitioner.

Mr. Rajiv Malhotra, DAG, Haryana.

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HARSH BUNGER J. (Oral)

1 Petition herein is, inter alia, seeking a writ in the nature of Certiorari, for setting aside the order dated 05.02.2026 (Annexure P-18) passed by learned Deputy Commissioner, Sirsa, whereby the petitioner has been removed from the post of Sarpanch, Gram Panchayat of Village Chilkani Dhab, Tehsil and District Sirsa.

1.1 A further prayer has been made for setting aside the order dated 06.03.2026 (Annexure P-20) passed by learned Commissioner, Hisar Division, Hisar, whereby an appeal preferred by the petitioner against his removal order dated 05.02.2026 (Annexure P-18) 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 on a report being sought by the office of Block Development and Panchayat Officer (BDPO), Ellenabad, regarding 10^th class marksheet of petitioner – Manoj Kumar; respondent No. 5-District Education Officer, Sirsa, 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 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 requested that proper verification of the documents be 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 10th class certificate presented by the petitioner at the time of filing his nomination papers was not from any recognized board.

2.6 Thereafter, the petitioner approached this Court by filing writ petition bearing CWP No.68 of 2024, which came to be disposed of vide order dated 30.04.2025 (Annexure P-17), the relevant extract thereof reads as under:-

“10. Apparently, in the absence of any finding that in May, 2018 when the Council of Open School Education, Rajasthan, had issued matriculation certificate to the petitioner, at that time also the said institute was a fake and/or the matriculation certificate put-forth by the petitioner is not recognized by