HARNEK SINGH Vs. CHARANJIT SINGH

JUDGEMENT

(1.) -Leave granted.

(2.) Whether a writ court should entertain a dispute as regard validity or otherwise of an election falls for decision in this appeal which arises out of a judgment and order dated 18.9.2003 passed by the Punjab and Haryana high Court in CWP No. 1987 of 2003.

(3.) The basic fact of the matter is not in dispute. The Appellant and the First Respondent contested an election for the post of the chairman, Gram Panchayat, Block Samiti, dhilwan, District Kapurthala, Punjab. The Special Secretary, Government of Punjab, department of Rural Development and Panchayats by a letter dated 10. 1.2003 fixed the date for election to the post of the Chairman and Vice- chairman of the Panchayat Samitis on 28th january, 2003, 4th February, 2003 was fixed for election to the post of Chairman and Vice- chairman of the Zila Parishads. The Special secretary authorized the Deputy Commissioner of each district to chalk-out the election programme of Chairman and Vice-Chairman. It is not in dispute that pursuant to or in furtherance of the said authorization the Deputy Commissioner appointed the District Transport officer, Dhilwan as the Returning Officer. A meeting was called for holding election on 28.1.2003. In the said meeting both the contestant secured equal number of votes. A party which was led by the First Respondent herein allegedly created commission and stopped the legal process of electing the Chairman by toss which was the next step for completion of the electoral process. The situation could not be controlled by the local police and hence the election process was adjourned by the Returning Officer stating. "keeping in view the law and order situation, the election of Chairman Block samiti Dhilwan is hereby adjourned. "