JAGDISH Vs. THE STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THIS Writ Petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India for issuance of a writ especially in the nature of certiorari for setting aside the order dated 27.2.2007 (Annexure P5) passed by the Financial Commissioner, Development and Panchayats Department, Haryana (respondent No. 1) and order dated 14.11.2006 (Annexure P4) passed by the Deputy Commissioner, Jhajjar (respondent No. 2). In terms of the said orders, the petitioner has been removed from the office of Sarpanch, Gram Panchayat Village Gochhi, Block Beri, Distt. Jhajjar.

(2.) CASE FIR No. 167 dated 19.10.1995 for the offences under Sections 148, 149, 323 and 302 IPC was registered against the petitioner. The learned Additional Sessions Judge, Jhajjar, in terms of his order dated 18/19.2.1999 convicted the petitioner for the offence under Section 302 IPC and sentenced him to undergo life imprisonment and a fine of Rs. 2,000/ - was also imposed. Besides, the petitioner was also sentenced to rigorous imprisonment for two years and one year respectively for the offences under Sections 148 and 323 IPC. Against the said order of conviction and sentence passed by the learned Additional Sessions Judge, Jhajjar on 18/19.2.1999, the petitioner filed Criminal Appeal No. 164 -DB of 1999 in this Court, which is pending. On an application under Section 389 Cr.P.C. filed by the petitioner, he was granted bail by this Court vide order dated 27.8.1999 (Annexure P3).

(3.) REPLY has been filed on behalf of respondents No. 1 and 2. It is submitted that the petitioner had incurred disqualification under Section 175(1)(a)(ii) of the Act. Therefore, he is not entitled to continue as Sarpanch of the Gram Panchayat Gochhi. It is further submitted that the petitioner had contested elections despite the disqualification which he incurred and the complaint against him on the criminal side was held to be proved. It is also submitted that this Court had only granted bail to the petitioner and his conviction was never stayed.