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High Court of Punjab and HaryanaCWP/4980/2016disposed of

Manju Devi And Others v. State Of Haryana And Others

2016-03-16Ms. Justice Navita Singh,Mr Justice Jaswant Singh2 pages

HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.4980 of 2016 (O&M) Date of Decision: 16.03.2016 **** Manju Devi & Ors.

... Petitioners VS.

State of Haryana & Ors.

... Respondents **** CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR.JUSTICE P.B. BAJANTHRI ****

Present:

Mr. Vinod S Bharwaj, Advocate for the petitioners **** SURYA KANT, J. (Oral)  (1) Notice of motion. On our asking, Ms. Kirti Singh, DAG Haryana accepts notice on behalf of respondents No.1 to 3. Since no order prejudicial to the interest of respondents No.4 to 7 is being passed, there is no necessity to issue notice and call upon them to file their reply/affidavit at this stage. (2) The petitioners are elected Members of Zila Parishad, Kaithal. They allege that respondent No.6 has been declared elected as President of Zila Parishad in collusion and connivance with the Additional Deputy Commissioner, Kaithal and respondent No.5 - who is the MLA from Gulha Constituency. The manner in which respondent No.6 was declared elected as President has been narrated by the petitioners in their complaint made to the State Election Commission as well as the Deputy Commissioner, Kaithal (P5). It is also averred that the Additional V.VISHAL 2016.03.17 15:54 I attest to the accuracy and authenticity of this document



 

        Deputy Commissioner conducted the election in a clandestine manner as a delegate of the Deputy Commissioner. (3) Since the petitioners, with a view to make out a case of fraudulent exercise of powers by the Additional Deputy Commissioner, have raised various questions of facts, we dispose of this writ petition with a direction to the Deputy Commissioner, Kaithal to take into custody the entire election record within two days and thereafter hold a fact-finding enquiry observing the principles of natural justice, namely, by associating both the groups and take further necessary action as may be required in accordance with law. The entire exercise shall be completed within one week from the date of receipt of a certified copy of this order.

(4) Dasti   









 

 

 

                  





         

 

 

 

   V.VISHAL 2016.03.17 15:54 I attest to the accuracy and authenticity of this document