The High Court dismissed a writ petition seeking mandamus for acceptance of nomination as Sarpanch. The court held that identity question is one of fact determinable only by Civil Court via declaratory suit and docketed the matter accordingly.
Petitioner relegated to file civil suit for declaratory judgment; writ disposed of.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Writ Petition No.20272 of 2015 Date of Decision: September 23, 2015
Poonam Rani
.....Petitioner
versus
State Election Commission, Haryana and others .....Respondents
CORAM: HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE P.B.BAJANTHRI.
Present: Mr.Jasbir Mor, Advocate, for the petitioner.
-.-
Surya Kant, J. (Oral)
The petitioner seeks a mandamus to direct the State Election Commission, Haryana and the Returning Officercum-Block Development and Panchayat Officer, Assandh, District Karnal to accept her nomination for the post of Sarpanch of Gram Panchayat of village Gangatheri, Block Assandh, District Karnal.
The controversy revolves around the question whether the petitioner is 'Poonam Rani' who passed her matriculation examination from the Board of School Education, Haryana, on November 08, 2004 or she is 'Nisha Devi wife of Uttam Chand' in whose favour voter I-Card (P-3) and Ration Card (P-6) have been issued?
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
MOHINDER KUMAR 2015.09.28 12:09 I attest to the accuracy and authenticity of this document Chandigarh
CWP No.20272 of 2015 [2]
petition. The petitioner is accordingly relegated to the aforesaid remedy.
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
2 issues framed by the court
Whether the petitioner is Pudam Rani who passed matriculation or Nisha Devi wife of Uttam Chand for whom voter and ration cards have been issued.
Whether this question of fact is determinable by the Election Commission or requires a declaratory suit in Civil Court.
Poonam Rani
State Election Commission, Haryana
Surya Kant
P.B. Bajanthri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
