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Haryana Government Gazette

Published by Authority

No. 5–2026] CHANDIGARH, TUESDAY, FEBRUARY 3, 2026 (MAGHA 14, 1947 SAKA)

PART-I

Notifications, Orders and Declarations by Haryana Government

STATE ELECTION COMMISSION, HARYANA

NIRVACHAN SADAN, SECTOR-17, PANCHKULA-134109

Order

The 30th January, 2026

Order under Section 13I of the Haryana Municipal Act, 1973

Subject:

Proceedings regarding alleged disqualification under Section 13A (1)(h) of the Haryana

Municipal Act, 1973.

No. SEC/ME/2026/152.—

Whereas, a complaint was received alleging that Sh. Amarnath s/o Jassu Ram, Member, Ward No. 5,

Municipal Council, Mandi Dabwali, District Sirsa, Haryana, was disqualified under Section 13A(1)(h) of the

Haryana Municipal Act, 1973 on the ground that the matriculation certificate submitted at the time of election

was not issued by a recognized Board.

That the Deputy Commissioner, Sirsa, vide Endst. No. 16-430-III/974/LFA dated 08.12.2025, after taking

cognizance of the complaint, passed the following order. The operative part of the order reads as under:

“After carefully going through the available record, statements recorded by the

concerned parties as well as the contents derived from the complaint, it is evident that

although BSTE, Bilaspur was found to have been provisionally recognized during the

period from 07.11.2012 to 11.03.2014 yet the CGBSE, in compliance of the directions

passed by Hon’ble High Court of Chhattisgarh on dated 14.11.2014, passed an order on

dated 07.03.2015 cancelling the temporary recognition granted in favour of BSTE on the

ground that grant of such equivalence was not permissible under the prevailing law.

However, Sh. Amarnath, Municipal Councilor could not produce any substantial

evidence in his support to the effect that he passed his 10th examination from BSTE,

Bilaspur during the currency of its temporary recognition granted by CGBSE i.e. the

period between 07.11.2012 to 11.03.2014 but the issuing date on certificate presented by

Sh. Amarnath is 30.08.2014, the date on which the provisional recognition of BSTE,

Bilaspur was suspended & was later on terminated by CGBSE by passing an order on

dated 07.03.2015.

Given that the CGBSE not only cancelled the recognition of BSTE, Bilaspur but also

revoked the equivalency for the period when the certificate in question was issued and

given that Sh. Amarnath did not produce any substantial evidence that he passed 10th

class during the period of provisional recognition of BSTE Bilaspur, therefore, it prima

facie appears that the certificate issued to Sh. Amarnath by Board of School & Technical

PART I]

HARYANA GOVT. GAZ., FEB. 3, 2026 (MAGH. 14, 1947 SAKA)

131

Education (C.G.) is fake and the case is recommended to the State Election Commission

Haryana to take appropriate action as per provisions made under Section 13-A of the

Haryana Municipal Act, 1973 as well as under Rule 21 (p) of the Haryana Municipal

Elections Rules, 1978.”

The matter was examined by the Commission in exercise of its powers under Section 13I of the Act, and an

opportunity of hearing was duly afforded to Sh. Amarnath on 27.01.2026.On due date Sh. Amarnath along

with his counsel appeared and filed his submissions.

Upon examination of the material on record, it is found that Sh. Amarnath had passed the matriculation

examination in the year 2014 from the Board of School and Technical Education, Chhattisgarh. The order

dated 11.03.2014 withdrawing recognition of the said Board was set aside on 14.11.2014 by the Hon’ble

Chhattisgarh High Court in W.P.(C) No. 604 of 2024 and other connected matters, rendering the said

withdrawal order ineffective.

It is further observed from the letter dated 11.12.2020 issued by the General Secretary, Council of Boards of

School Education in India (COBSE) as follows in the para 7 of the aforesaid letter :-

“The Secretary, Board of Secondary Education (BSE), Chhattisgarh vide order No. 35/

vidyo/ 2015 dated 07/03/2015 as well as letter no. 329/vidyo/sam/2016 dated 09/12/2016 has mentioned

that due to cancellation of temporary equivalence, keeping in mind the interest of the students who had

been studying in Secondary (Class X) and Higher Secondary (Class XII) of Board of School &

Technical Education, Bilaspur before 07.03.2015 have been allowed, as per rule, to appear as private

candidates in examination conducted by Chhattisgarh Board of Secondary Education Raipur. The

temporary equivalence granted to the BSTECG Bilaspur was withdrawn w.e.f. 07.03.2015”.

It is clear from the above that final withdrawal of temporary equivalence granted to the Board of School and

Technical Education, Bilaspur was w.e.f 07.03.2015. Further, the matriculation certificate was issued by the

aforesaid board to Sh. Amarnath on 30.08.2014.

It is a settled position of law that withdrawal of recognition or derecognition of an institution cannot operate

retrospectively so as to invalidate a qualification already acquired, as held by the Hon’ble Punjab and

Haryana High Court in CWP No. 4994 of 1998, Ex. L/NK Jai Singh v. Union of India & others, decided on

05.08.1999.

Now therefore, after considering the facts of the case, material on record, and the settled legal position, the

Commission is of the considered view that Sh. Amarnath possessed the requisite educational qualification at the

relevant time and is not subject to disqualification under Section 13-A(1) (h) of the Haryana Municipal Act, 1973 as

well as under Rule 21 (p) of the Haryana Municipal Elections Rules, 1978.

Panchkula:

DEVINDER SINGH KALYAN,

The 30th January, 2026.

State Election Commissioner, Haryana.

12383—C.S.—H.G.P., Pkl.