CWP No.13002 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.13002 of 2011 Date of decision: 25.07.2011 Kuljeet Singh ....Petitioner Versus State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Kuldeep V. Singh Ahluwalia, Advocate, for the petitioner. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Present petition is filed challenging the order dated 25.5.2011 passed by Deputy Commissioner, Kurukshetra, thereby expelling the petitioner from the post of Panch with immediate effect having observed that date of birth of the petitioner is 17.8.1990 and he was not 21 years of age at time of filing the nomination papers and still has not attained the age of majority, hence is not qualified to hold the post of Panch as per Section 173 of the Haryana Panchayati Raj Act, 1994. Learned counsel for the petitioner has vehemently argued that although petitioner was not 21 years of age on the date of filing of the nomination papers, however, since his nomination papers were accepted, therefore, only remedy lies against the petitioner is election petition and he cannot be removed from the post of Panch by the Deputy Commissioner on the administrative side. CWP No.13002 of 2011 2 Ordinarily, no person should be removed from the post of Panch on the ground on which election petition can be entertained, however, admittedly since petitioner is still less than 21 years of age, therefore, as per Section 173 of the Act he is not qualified to be elected as Panch of the village. Undisputedly, petitioner shall attain age of majority i.e. 21 years on 17.8.2011, therefore, as on day is not eligible to be elected to the post of Panch. Even if I find that the order passed by Deputy Commissioner, Kurukshetra, is without jurisdiction, I am not inclined to interfere with it for the simple reason that if order of the Deputy Commissioner is set aside petitioner shall become the Panch against Section 173 of the Act. Therefore, this Court shall not allow to continue first wrong i.e. election of the petitioner as Panch against Section 173 of the Act. Dismissed. (Alok Singh) Judge July 25, 2011 R.S.