Election - A person cannot have multiple dates of birth to claim eligibility for contesting elections
Punjab and Haryana High Court Upholds Disqualification of Sarpanch for Age Misrepresentation
In a significant ruling, the Punjab and Haryana High Court has dismissed the writ petition filed by Ruksar, challenging her disqualification from the post of Sarpanch of Gram Panchayat Salahka, Tehsil Tauru, District Nuh. The court upheld the decision of the Deputy Commissioner, Nuh, and the subsequent appeal dismissal by the Divisional Commissioner, Faridabad, on grounds of age misrepresentation and eligibility criteria under the Haryana Panchayati Raj Act, 1994.
Ruksar was elected as Sarpanch in 2022, however, a complaint lodged by Nazia, a rival candidate, alleged discrepancies in Ruksar's date of birth. The complaint highlighted inconsistencies in her school records showing multiple birth dates: 10.01.2002, 01.01.2004, and 17.09.2001. A thorough investigation by the Sub-Divisional Officer (Civil), Tauru, revealed that the birth certificate produced by Ruksar was collusively obtained and could not be accepted as genuine.
The High Court, presided by Justice Harsh Bunger, examined the findings and affirmed that under Section 173 of the Haryana Panchayati Raj Act, a candidate must be at least 21 years old to qualify for election. The inconsistencies in Ruksar's birth records disqualified her from meeting this criterion. The court reiterated the principle that a person cannot have multiple dates of birth, referencing previous judgments in similar cases.
Ruksar's legal counsel argued that the eligibility issue should have been addressed through an election petition under Section 176 of the Act, rather than by the Deputy Commissioner under Section 51. However, the court dismissed this contention, emphasizing that jurisdictional objections should be raised at the earliest and not after adverse decisions.
The appellate authority corroborated the Deputy Commissioner's order, underscoring that Ruksar had not attained the requisite age as per her school records. The High Court concluded that the impugned orders were well-reasoned and legally sound, warranting no interference.
This judgment is a pivotal reminder of the importance of transparency and authenticity in public office candidacy. It reinforces the legal framework ensuring that candidates meet prescribed eligibility criteria, thereby upholding the integrity of the electoral process.
Ruksar v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2781328
