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(2025) Law Today Live Doc. Id. 20795 = 2025:PHHC:108874 = 2026(1) RCR (Civil) 148
Decided on: 22.08.2025
A. Haryana Panchayati Raj Act, 1994 (11 of 1994), Section 51, 175(v), 176 – Removal of Women Sarpanch – Qualification-Minimum Middle pass -- Educational qualification neither verified nor proved by the concerned school from which petitioner claims to have passed the 8th class examination -- Petitioner also not made any effort to establish the authenticity or genuineness of the School Leaving Certificate relied upon by her -- Mark-sheet of the 8th class examination, which the petitioner claims to have passed, has not been placed on record of with writ petition – Held, petitioner does not possess the minimum educational qualification (middle class pass for woman candidate) prescribed for contesting the election to the post of Sarpanch and, therefore, she has been rightly removed from the said post.
(Para 10)
B. Haryana Panchayati Raj Act, 1994 (11 of 1994), Section 51, 175(v), 176 – Election of Sarpanch – Election petition – Removal of Sarpanch on complaint – Permissibility of -- Contention that since respondent No.6 has also filed an election petition, the complaint filed by her before the District Authorities could not be entertained under Section 51 of the 1994 Act – Held, if the petitioner had any objection as regards the maintainability of the complaint u/s 51 of the 1994 Act, then she should have availed her appropriate remedies before the competent Court at the relevant stage by challenging such proceedings -- However, no such recourse appears to have been taken by the petitioner – Held, once the petitioner had duly participated in the proceedings initiated against her under Section 51 of the 1994 Act and also suffered an adverse order, she cannot now be permitted to turn around and raise an objection to the maintainability of such proceedings merely on the ground that an election petition had also been filed against her – Writ petition dismissed.
(Para 11-13)