Disposed

Suresh Kumar v. State of Haryana and Others

Punjab & Haryana HC3 Apr 2024CWP/5957/2024

Case brief

AI extract

What is this about?

Petition challenging an order rejecting representation to suspend a Sarpanch, which was refused only because an election petition was pending. After that election petition was withdrawn, the High Court disposed of the petition permitting a fresh representation to be decided on merits.

What did the court decide?

Liberty to file fresh representation before Deputy Commissioner, Bhiwani within ten days; if filed, to be decided expeditiously in accordance with law.

Suresh Kumar Vs State of Haryana and Others — Writ and Judicial Review | Punjab & Haryana HC (2024)

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CWP-5957-2024

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Neutral Citation No. 2024:PHHC:044620

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120

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP-5957-2024 Date of Decision: April 03, 2024

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Suresh Kumar

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......Petitioner

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Versus State of Haryana and others

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......Respondents

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CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

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Present: Mr.Vishal Singh Borwal, Advocate for the petitioner.

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RAJESH BHARDWAJ, J.(ORAL)

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Prayer in the present petition is for quashing/setting aside the impugned speaking order, dated 05.02.2024, Annexure P-11, passed by respondent No.2, i.e. Deputy Commissioner, Bhiwani, being illegal, arbitrary and against the provisions of Haryana Panchayat Raj Act (for short,`the Act’). It is further prayed to direct the respondent/authorities to suspend respondent No.4-Rajesh Kumar (Sarpanch) with immediate effect in view of Enquiry report, dated 06.02.2023, Annexure P-3, and also in accordance with the Act.

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It has been submitted by counsel for the petitioner that learned Deputy Commissioner has passed the order dated 05.02.2024 rejecting the representation filed by the petitioner on the ground that election petition titled as Sube Singh vs Rajesh etc. is pending adjudication. It is submitted that this election petition has been disposed of as the same has been withdrawn vide order dated 15.03.2024 and, thus, representation of the petitioner should be decided on merits.

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MEENU 2024.04.04 13:50 I attest to the accuracy and integrity of this document

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CWP-5957-2024

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Neutral Citation No. 2024:PHHC:044620

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Notice of motion to the officials respondents only.

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On asking of the Court, Mr.Rajneesh Chadwal, AAG, Haryana,

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who is present in Court, accepts notice on behalf of the State.

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After hearing learned counsel for the parties, it is apparent, as submitted by counsel for the petitioner, that the election petition has been dismissed as withdrawn. Thus, the present petition is disposed of with liberty to the petitioner to file a fresh representation/petition before respondent No.2, i.e. Deputy Commissioner, Bhiwani, within ten days from today and if any representation/petition is filed within the stipulated period, the same be decided by respondent No.2 expeditiously in accordance with law.

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April 03, 2024 meenuss	( RAJESH BHARDWAJ ) JUDGE
1. Whether speaking/reasoned ?	Yes/No
2. Whether reportable ?	Yes/No

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MEENU 2024.04.04 13:50 I attest to the accuracy and integrity of this document

Suresh Kumar v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

Suresh Kumar v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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