'Erroneously Elected On Seat Reserved For Women': High Court Upholds Quashing Of Hisar Panchayat Samiti Chairman's Election

The Punjab & Haryana High Court has upheld the decision of State Election Commissioner to declare the election of Chairman of Panchayat Samitis in Haryana's Barwala Hisar district, as "null and void."

The Chairman of the Panchayat Samiti was elected even before the notification was issued for the election of the seat reserved for woman.

A bench of Justice Sudhir Singh and Justice Karamjit Singh said,

"the petitioner cannot be allowed to take benefit of any error or irregularity committed during his election to the post of Chairman. Still further, as noticed above, the election is only complete when the notification is issued. However, in the instant case, before such notification could be issued, the error/irregularity in the conduct of the election was detected and the same was found to have vitiated the very proceedings."

The Court was hearing the plea of one Satish challenging the order of State Election Commissioner, Haryana whereby the meeting of the elected members of Panchayat Samiti, Barwala in which he was elected as the Chairman of Panchayat Samitis in Haryana's Barwala Hisar district was declared null and void.

After hearing the submissions, the Court considered whether the respondents are empowered to declare as null and void the election of the petitioner as Chairman of the Panchayat Samiti Barwala (Hisar), regarding which a declaration was already made?

Referring to Section 161 of the , the Court noted "the election to the post of Chairman is to be considered complete only when a notification in this regard, has been issued. However, in the instant case, before the notification could be issued, it was found that the petitioner was elected against the seat/office reserved for women category and accordingly, no notification was issued and rather, the process of the election of the petitioner, has been declared as null and void."

It further noted that the State Election Commissioner deriving the power from Article 243K of the Constitution of India and Section 161 of the Act and Rules made thereunder.

The provisions of Section 161 of the Haryana Panchayati Raj Act, 1994 deal with the election of the Panches, Up-Sarpanches and Sarpanches of Gram Panchayats, members, Chairmen and Vice-Chairmen of Panchayat Samitis and members, Presidents and Vice- Presidents of Zila Parishads. Sub-Section (2) provides that such election shall be conducted in the prescribed manner whereas Sub-Section (3) stipulates that the Superintendence, direction and control of the conduct of such election shall be vested in the State Election Commission, it added.

The Court highlighted that, in the instant case because of the mistake, the petitioner was elected to the post of Chairman of the Panchayat Samiti, Barwala, (Hisar), whereas the said seat/office was reserved for women category.

"Thus, it is to be seen as to whether the petitioner has got any right to claim the seat/office of the Chairman of the Panchayat Samiti, Barwala (Hisar), especially when the said seat/office is reserved for women," the bench added.

Consequently, the Court opined that the State Election Commissioner "was justified in law to declare the part of the proceedings of meeting dated 03.01.2023 conducted by the Sub-Divisional Officer (Civil)- cum-Prescribed Authority, Panchayat Samiti Barwala, District Hisar, whereby the petitioner was elected as Chairman of the said Panchayat Samiti, as null and void."

In the light of the above, the appeal was dismissed.

Title: SATISH v. STATE OF HARYANA AND OTHERS

Citation: 2024 LiveLaw (PH) 194

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