SURINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) Heard the counsel.

(3.) This appeal by special leave arises from the Order of the Punjab and Haryana High Court dated September 13,1993 made in Writ Petition No. 836/93 (reported in A.I.R 1994 Punj and Har 185). The appellant, admittedly was a sarpanch for 15 years of the Gram Panchayat village Dialgarh, District Gurdaspur. It is her case that the poll to the office of Sarpanch was to be held on January 18, 1993 and nomination paper was to be filed by January 17, 1993. She had obtained all the no objection certificates and other certificates on January 15,1993. On January 17,1993 she went at 12 noon to submit her nomination papers. Her husband was wrongfully detained by the police. It is her case that the 7th respondent, Tara Singh had forcibly snatched the nomination papers and torn them off. In spite of her complaint to the police, they did not pay any heed to her protest nor acted on her complaint. Consequently, she was constrained to complain at about 4.30 p.m. to the Sub-Divisional Magistrate present in the gypsy vehicle. There was an entry in the log book in that behalf. But no action had come through. Since the election was to take place on January 18, 1993, she had approached the High Court and filed the writ petition. Admittedly, stay was granted at 2 p.m. and it was communicated telegraphically at 3 p.m. on the same day. It is also seen that the advocate had communicated the same and it was received at 3.50 p.m. The poll, was closed at 4.00 p.m. It would thus be seen that the poll was closed after the stay was granted by the High Court and having had the knowledge of the stay granted by the High Court at 3.00 p.m. the Returning Officer should have stayed his hands back and awaited the decision of the High Court. Unfortunately, instead of waiting the decision, he had gone in post haste in declaring the 7th respondent to have been duly elected as a Sarpanch.