Shyam Sundar v. Deputy Commissioner & Returning Officer And ORS

HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.623 of 2016 (O&M) Date of Decision: 13.01.2016 **** Shyam Sundar ... Petitioners VS.

DC Kurukshetra & Ors.

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

Present:

Mr. RD Gupta, Advocate for the petitioner **** SURYA KANT, J. (Oral)

(1)
The petitioner filed his nomination paper for election of Sarpanch of village Ismailabad, Sub Tehsil Ismailabad, Tehsil Pehowa, District Kurukshetra. His nomination paper has been rejected on the ground that he is partner in M/s Durga Rice and General Mills and the premises of the rice mill was raided by the Executive Engineer Vigilance, Karnal of UHBVNL and the large scale theft of electricity having been detected, a penalty of
33,46,743 was imposed. The Prescribed Authority thereafter sent a memo to the managing partner of the firm that in case they do not want to face trial or that the offence should be compounded, in that case, they are liable to pay additional compounding fee of
6,60,000/-.

(2)
Since one of the eligibility condition prescribed for contesting election is that there should be no pending dues of any V.VISHAL 2016.01.19 14:48 I attest to the accuracy and authenticity of this document

  

  







Government agency, the petitioner's nomination has been rejected on account of the non-deposit of the above-stated penalty amounts. (3)
In our considered view, no error or illegality has been committed by the respondents in rejecting the petitioner's nomination.

(4)
Be that as it may, the election is scheduled to be held on 17.01.2016.

(5)
No time is left to adjudicate the issues sought to be raised by the petitioners except that the petitioner, if so advised, may file election petition raising all such pleas. This order shall, however, have no bearing on the efforts of HBVN authorities in recovering their dues and they shall be at liberty to have recourse to all legitimate means for the aforesaid purpose. (6)
Dismissed.













 

 

 

 


      

 






  
 

 

 

 

 

 

 

 

V.VISHAL 2016.01.19 14:48 I attest to the accuracy and authenticity of this document