SOM LAL Vs. VIJAY LAXMI

JUDGEMENT

(1.) This appeal is directed against the order dated 26.10.2006 passed by learned Single Judge of the Punjab & Haryana High Court whereby the learned Single Judge held that the appellant- Som Lal was holding the whole-time salaried office of a statutory body as he was on the rolls of the Market Committee, Sirsa as Fireman on 29.6.2003 and he was disqualified from contesting the election as Sarpanch, Gram Panchayat, Village Dhobra on 29.6.2003. Therefore, he has been rightly held to be disqualified by the Election Tribunal. Accordingly, the learned Single Judge upheld the order of the Election Tribunal whereby the election of the appellant was set aside. Aggrieved against this order dated 26.10.2006 passed by the learned Single Judge of the High Court of Punjab & Haryana the present appeal was filed.

(2.) Brief facts which are necessary for disposal of this appeal are that the appellant contested the election of Sarpanch on 29.6.2003 of Village Dhobara, Tehsil Pathankot, and the appellant was elected and the opponent- Vijay Laxmi lost. Total votes polled -800; 411 votes were polled in favour of the appellant- Som Lal; 376 votes were polled in favour of Vijay Laxmi and 13 votes were cancelled. Hence, the appellant was declared elected. The election of the appellant was challenged by the respondent- Vijay Laxmi by filing an election petition. The main ground taken by the respondent was that the appellant was working as a Fireman in the Haryana State Agricultural Marketing Board and he was posted at Sirsa. Therefore, he was disqualified from contesting the election as he was holding the office of profit. The plea of the appellant was that he was an employee of the Haryana State Agricultural Marketing Board but he had left the job about 7-8 years prior to the conduct of the election. Therefore, he did not suffer from any disqualification. The respondent contended before the Election Tribunal that as per Section 208 (1)(g) of the Punjab Panchayati Raj Act, 1994 (Punjab Act 9 of 1994) [hereinafter to be referred to as "the Punjab Act 9 of 1994"],a person who is a whole-time salaried employee of any local authority, Statutory Corporation or Board or a Co-operative Society registered under the Punjab Co-operative Societies Act, 1961 or of the State Government or the Central Government, is disqualified for being chosen as and for being a member of a Panchayat and since the appellant was an employee of the Market Committee, therefore, he was disqualified. As against this, it was contended by the appellant that Section 11 of the Punjab State Election Commission Act,1994( Punjab Act 19 of 1994)[hereinafter to be referred to as "the Punjab Act No.19 of 1994] which came into force with effect from 19th September, 1994 after the Punjab Act 9 of 1994 which came into force with effect from 21.4.1994, which deals with disqualification, says that a person shall be disqualified for being chosen as and for being a member of a Panchayat or a Municipality if he holds an office of profit under a Panchayat or a Municipality; or he holds an office of profit under the Government of India or any State Government and not for holding office of profit under local authority and being a member of the Marketing Board. Therefore, as per Section 11 of the Act of 19 of 1994 an incumbent is not disqualified to contest the election. The Election Tribunal after recording necessary evidence found that the appellant was an employee of the Haryana State Agricultural Marketing Board, Sirsa and therefore, he was disqualified from contesting the election for Sarpanch, Gram Panchayat of village Dhobra. Hence, the Election Tribunal by order dated 13.12.2004 set aside the election of the appellant before us and allowed the election petition of the respondent- Vijay Laxmi and declared her as elected to the Office of Sarpanch. Aggrieved against this order the appellant filed an appeal before the High Court of Punjab & Haryana. Since there was a conflict between the two provisions, learned Single Judge referred the matter to the Division Bench for adjudicating the following question of law:

(3.) Now, the question before us is whether the disqualifications enumerated in Section 208 of the Act 9 of 1994 shall prevail or the disqualifications mentioned in Section 11 of the Act 19 of 1994. Both the provisions are quoted below for the sake of convenience.