Harpal Kaur @ Joginder Kaur v. State Of Haryana & ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.20292 of 2015 Date of Decision: September 23, 2015 Harpal Kaur @ Joginder Kaur .....Petitioners versus State of Haryana and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE P.B.BAJANTHRI.

Present: Mr.Sukhraj Singh Brar, Advocate, for the petitioner. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The petitioner seeks a mandamus to direct the respondent-authorities to accept her nomination for the upcoming panchayat election of village Sukhchain, Tehsil and District Sirsa.

The controversy revolves around the question whether the petitioner is 'Joginder Kaur d/o Harnek Singh' who was born on 05.04.1963 and who graduated from Kurukshetra University, Kurukshetra in the year 1984-85 or she is 'Harpal Kaur daughter of Harnek Singh' as per the revenue record and the voter list?

As may be seen, the issue raised by the petitioner is essentially a question of fact which can be effectively determined only by the Civil Court through a declaratory petition. The petitioner is accordingly relegated to the aforesaid remedy.

MOHINDER KUMAR 2015.09.28 12:09 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.20292 of 2015 [2] Having regard to the urgency involved, we would impress upon the Civil Court to decide the civil suit to be filed by the petitioner at the earliest in accordance with law. The writ petition stands disposed of.

Dasti.

[SURYA KANT] JUDGE September 23, 2015 [P.B.BAJANTHRI] mohinder JUDGE MOHINDER KUMAR 2015.09.28 12:09 I attest to the accuracy and authenticity of this document Chandigarh