O R D E R

1. Leave granted.

Signature Not Verified2. The appellant has challenged the order dated 01.11.2022 Digitally signed by Nirmala Negi Date: 2024.09.13

15:47:12 IST passed by the Punjab & Haryana High Court (hereinafter Reason:

called “the High Court”) in a Writ Petition filed by the respondent no.1 herein Sri Vinod. The following orders were passed:-

“The petitioner has referred to the letter dated 09.02.2015 (Annexure P8) where the Chhattisgarh Secondary Education Commission has issued a letter to the extent that students who have obtainedd certificate(s) between 07.11.2012 to 10.03.2014 should not be refused for study in higher class and to participate in the higher class examination. The petitioner has placed on record the matriculation examination certificate (Annexure P4), which was issued on 25.02.2014. It is further brought to the notice of the Court that he had earlier contested the election on the basis of same certificate.

Keeping in view the said letter (Annexure P 8), the petitioner's nomination papers cannot be rejected as his matriculation certificate was valid for higher studies as per (Annexure P 8).

Adjourned to 13.12.2022.

In the meantime, nomination paper of the petitioner be accepted by concerned Returning Officer.

Copy of this order be dasti under the signature of Bench Secretary.”

3. The Petitioner therein (Respondent No.1 here) was a candidate in the 2022 Panchayat elections for the post of Sarpanch Asaudah (Siwan) in District Jhajjar, Haryana and his nomination paper was rejected on the grounds that he has not done ‘matriculation’ from a recognized board. It was against the rejection of his nomination that the respondent had approached the High Court by means of a writ petition, in which the above order was passed.

4. The above writ petition is still pending before the High Court though as we have been informed at the Bar that no hearing subsequent to the above order has taken place in the case.

5. The background of the case is as follows: The State Election Commissioner, Haryana-Respondent no.4 (hereinafter called “the Commissioner”) has issued a notification for holding general election to the Panchayat in the State of Haryana on 07.10.2022 in which the last date for filing of nomination papers is 19.10.2022; and the last date for scrutiny was 20.10.2022 and the date of polling was 02.11.2022. Four nomination papers were filed, out of which two were rejected on the ground that the candidates have not done their matriculation from the recognized institute. These rejections include the rejection of the present respondent no.1 (who was the petitioner before the High Court). Consequently, there were only two candidates left in the fray on 20.10.2022 and one of the two i.e. Om Parkash withdrew from the race leaving the present appellant as the only candidate. Consequently, he was declared elected by the Returning Officer. The appellant, however, has not been given the charge of a Sarpanch till today. The reason being that meanwhile the present respondent no.1 had filed the above-mentioned writ petition before the High Court in which the above order was passed. The appellant was not made a party in the writ petition but later when he had the knowledge of the writ petition and the order passed therein he too filed another writ petition before the High Court seeking direction from the High Court to direct the Election Officer to give charge of Sarpanch to the appellant. All the same, no order has been passed in the writ petition and that writ petition has simply been connected with the earlier writ petition and that is as things stand in the High Court is what we have been informed.

6. Under these circumstances, the appellant has come before this Court. The respondent no.1 is the only contesting party in this case who in spite of service is not represented before this Court. The respondent no.1 who had approached the High Court, we have been informed also did not disclose before the High Court that the present ap