- (1.) On 16.3.2000, general election to the Gram Panchayats in the State of Haryana were held and one Roopak Malik was declared elected as Sarpanch of Gram Panchayat, Asan Khurd. Respondent No. 5 - Usha Rani filed eleclion petition in the Civil Court Panipat tinder the provisions of the Haryana Panchayati Raj Act, 1994 (for short the Act) and during pendency thereof, Roopak Malik resignation on 21.3.2001 which was accepted on the same day. The State Election Commission issued notification dated 3.7.2001 (Annexure P-2) prescribing time schedule for conduct of by-election to fill up the vacancy for the remaining term and as per that schedule the elections were held and the petitioner was declared elected on 29.7,2001. After the notification dated 3.7.2001, Annexure P-2 was published, a representation appears to have been made by respondent No.5 on which the State Election Commission appears to have issued letter dated 18.7.2002, Annexure R-2 that the result of the election will be subject to the result of the election petition and this fact should be got noted from the candidates, even though this may be of no legal consequence. The State Election Commission, however issued notification dated 1.10.2001 declaring re-spondent-Usha Rani to have been elected as Sarpanch in view of the judgment of the Civil Court in the pending election petition, dated 11.9.2001 (Annexure P-4). Hence this petition.
(2.) The writ petition was admitted and the contesting respondents have filed written statement. It is contended that the State Election Commission having indicated in its letter dated 18.7.2001 that the result of the election will be subject to the result of the election petition and a similar endorsement having been made in the declaration of result, Annexure R-2/3, the result of the election petition had to be given effect to.
(3.) The following questions arise for consideration: (i) Whether declaration of vacancy by the State Election Commission after acceptance of resignation of elected Sarpanch will render a pending election petition infructuous in the sense that no other person could be declared elected therein which would be inconsistent with the result of the election declared by the State Election Commission in the election ordered to be held?;