- (1.) Notice of motion. On our asking, Ms. Kirti Singh, DAG Haryana accepts notice on behalf of respondents No.1 to 4. Though respondent No.5 is also a proper and necessary party to be heard but since no order on merits is being passed and there are time constraints also, hence we are not inclined to call upon him.
(2.) The petitioner is an aspirant to contest the election of Sarpanch of Village Kail, Tehsil Jagadhari, District Yamuna Nagar, which is reserved for Scheduled Caste community. The minimum academic qualification required for a candidate is 8th pass for a female candidate. The petitioner relied upon Transfer Certificate of 8th Class purportedly issued by NA Junior High School, Sadak Dudli, Dehradun Road, Saharanpur in support of her eligibility. Respondent No.5 raised objections on 30.12.2015 against the petitioner's nomination on the ground that her academic qualification certificate is not genuine.
(3.) Since District Saharanpur of Uttar Pradesh adjoins District Yamuna Nagar of Haryana, the Returning Officer of village Kail personally went to the Block Education Officer Urban, Saharanpur (UP) who vide letter dated 31.12.2015 (P4) informed the Returning Officer that the Transfer Certificate of 8th Class relied upon by petitioner was not mentioned at Serial No.177 in the Register maintained by his office. Based upon this communication, the Returning Officer rejected the petitioner's candidature for want of eligibility.;