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Mohit Kumar v/s The State of Haryana & Others

Company & Directors' Information:- A. KUMAR AND COMPANY PRIVATE LIMITED [Active] CIN = U19201UP1995PTC018833

Company & Directors' Information:- S KUMAR & CO PVT LTD [Not available for efiling] CIN = U51909WB1946PTC014540

Company & Directors' Information:- S KUMAR AND COMPANY PRIVATE LIMITED [Converted to LLP] CIN = U45203DL1964PTC117149

Company & Directors' Information:- KUMAR (INDIA) PVT LTD [Strike Off] CIN = U51909WB1986PTC041038

Company & Directors' Information:- MOHIT & COMPANY PVT LTD. [Strike Off] CIN = U28113WB1994PTC062194

Company & Directors' Information:- P KUMAR & CO PRIVATE LIMITED [Strike Off] CIN = U27105WB1998PTC087242

Company & Directors' Information:- M KUMAR AND CO PVT LTD [Strike Off] CIN = U18101DL1982PTC014823

Company & Directors' Information:- B N KUMAR & CO PVT LTD [Strike Off] CIN = U52341WB1941PTC010643

    Petition(s) for Special Leave to Appeal (C) No. 6649 of 2020

    Decided On, 27 August 2020

    At, Supreme Court of India


    For the Petitioner: Rajive Bhalla, Sr. Advocate, Karan Kapoor, Gurkamal Khandola, Advocates, Shubham Bhalla, AOR. For the Respondents: Binu Tamta, AOR.

Judgment Text

On instructions, Mr. Rajive Bhalla, learned Senior Counsel for the petitioner submitted that the petitioner is more concerned about his status rather than the election as Sarpanch to the concerned Gram Panchayat.

Mr. Bhalla further submitted that if determination by the Committee is to be the final word, the entire family and future generations of the petitioner would be deprived of the status of being "Julaha”.

It was further submitted that

(a) In terms of the directions issued by this Court in Kumari Madurai Patil and another vs. Additional Commissioner, Tribal Development and Others [1984 (6)SCC 241], a Committee was constituted by the State only on 23.04.2019.

(b) The committee that went into the status of the petitioner and the question whether he belonged to the community of “Julaha”, was not properly constituted.

Issue notice, confined to the questions whether the petitioner and his family come from the community of “Julaha” and whether the Committee which went into the question was properly constituted or not.

It is made clear that pendency of this matter shall not have any impact or effect upon the election as Sarpanch to the Gram Panchayat. In other words, irrespective of our determination, the petitioner shall be deemed to have vacated the office of Sarpanch and all consequential actions must thereafter follow.

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r /> Let notice be returnable on 28.09.2020. Dasti in addition. Liberty to serve the learned Standing Counsel for the State.