High Court Upholds Removal Of Haryana Municipal Council President For Submitting Fake Class VIII Marksheet

The Punjab & Haryana High Court has upheld the removal of Haryana's Sohna Municipal Council President on the grounds of submitting a “fake” class VIII marksheet.

Justice Sureshwar Thakur and Sudeepti Sharma said, “What magnifies the ill conduct of the present petitioner as but arises from the withholding of the original, wherefrom an adverse inference has been drawn against her, thus, also become borrowed from the trite fact, that the Certificate, has been issued by one Mukesh Upadhayay, who, however unclinchingly and unrefutably, has been stated to be at the time of issuance of same, rather aged 14 to 15 years. Since therebys he was, as aptly concluded by the Enquiry Officer, rather completely disabled to claim that he was an empowered employee of the Educational Institution. As but a naturally corollary thereto, the Certificate concerned issued vis-a-vis the present petitioner, thus clearly is a fake and unauthentic Certificate.”

These observations were made while hearing the plea challenging the order of the State election commission by which the petitioner was removed from the post of Municipal Council Sohana.

The complaint was received against Anju Devi that she had submitted a fake marksheet at the time of filing of the nomination and hence she should be disqualified on this ground.

Show cause notice was issued and the issue was also raised in the High Court and directions were passed by the court to decide the proceedings expeditiously.

As a result of the inquiry, the petitioner was removed by the State Election Commission from the post of the president. Hence, the petitioner moved High Court.

After examining the submissions, the Court noted that the order passed by the State Election Commission was in line with Haryana Municipal Council Act, 1973.

Speaking for the bench, Justice Sureshwar Thakur referred to Article 243V, which is a provision on “Disqualifications for membership.”

The Court found that a reading of the Article 243 V, “reveals that when any democratically elected person invites any statutory disqualification, thus for being elected as a member of the Municipality concerned, thereupon the (supra) controversy is amenable for a decision becoming recorded thereons, but only by an authority as becomes created through a valid legislation becoming passed by the State Legislature concerned.”

Since in pursuance to the provisions, the Haryana State Legislative Assembly had made an amendment, the amendment fell in alignment with the Article carried in the Constitution, whereby the decision over the controversy concerned, is amenable to be recorded by an authority to be created for the said purpose, thus by a law becoming passed by the State Legislature concerned, as has been evidently done in the present case, added the bench.

The Court highlighted that the inquiry made by the officer on the alleged certificate proves that the certificate is a copy of the original and the original is alleged to be destroyed in a fire.

It further opined that the certificate presented is clothed with fakeness on the face of it and nothing was presented before the officer for comparison and for the proof of the same.

The Court also found that the certificate was issued by one Mukesh Upadhyay who was 14 or 15 years old at that time, so he could not have been employed in the educational institution. “The certificate is proved to be clearly fake and inauthentic,” it was held.

In light of the above, the plea was dismissed.

Mr. Vikram Singh, Advocate for the petitioner.

Mr. Ankur Mittal, Addl.AG, Haryana with Mr. Saurabh Mago, DAG, Haryana,

Ms. Kushaldeep K Manchanda, Advocate,

Mr. Siddhant Arora, Advocate for the State of Haryana.

Mr. Pradip Bhandari, Advocate, Mr. Bharat Bhandari, Advocate for respondent No.3.

Citation: 2024 LiveLaw (PH) 422

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