Kartar Singh vs The State of Haryana and Others

Adarsh Kumar Goel, A.C.J.—This petition seeks a direction to the State Election Commission, Haryana to take action on the report of enquiry dated 9.6.2010 Annexure P-2 conducted by the Deputy Commissioner holding that some candidates distributed liquour during Panchayat election and also used counterfeit and black money in violation of Code of Conduct.

Case of the Petitioner is that he is a public spirited person and during the panchayat election in June, 2010, he made a complaint to the Chief Secretary, Haryana which was forwarded to the State Election Commission. Enquiry was held and report was submitted by the Deputy Commissioner to the State Election Commission but the Election Commission failed to take any action as required under the law.

We have heard learned Counsel for the Petitioner.

It is not disputed that the superintendence, direction and control of election of Panchayats are vested in the State Election Commission under Article 243K of the Constitution of India and mere fact that enquiry has been held in which a finding is recorded does not confer any right on the Petitioner nor an obligation to accept such a finding. It is the matter within the purview of the State Election Commission to consider the enquiry report. While, we do not find any ground to interfere, the State Election Commission may take such further action as may be deemed proper on the enquiry report.

The writ petition is disposed of.