SATNAM SINGH Vs. KAMALJEET SINGH

JUDGEMENT

(1.) THE appellant Satnam Singh was declared elected in the election to the post of Sarpanch, Gram Panchayat Bir Behman, the election of which took place on 21.6.1998. Two persons had contested the election, one the appellant - Satnam Singh and the second was respondent No.1 - Kamaljit Singh. Kamaljit Singh filed election petition before the Election Tribunal, Bhatinda. Election Tribunal, Bathinda ordered re-counting of votes by its order dated 6.4.1999. The same order was challenged in revision before this Court vide Civil Revision No. 2030 of 1999. The revision was dismissed by this court. Meanwhile, a transfer application was filed and the election petition was transferred to Election Tribunal, Sangrur. The Election Tribunal, Sangrur allowed the election petition, and set aside the election of the petitioner and respondent No. 1 Kamaljit Singh was declared elected. Being aggrieved by the said judgment of the Election Tribunal, this appeal has been filed.

(2.) I have heard learned counsel for the parties.

(3.) LEARNED counsel for the appellant argued that the specific provisions of the Punjab State Election Commission Act, 1994 (hereinafter referred to as the Act) have been violated and therefore, the election petition should have been dismissed. He has argued that the copy of the petition attested by the petitioner was not given to him. He has relied on the provisions of Section 76(2) of the Act, which is as under :-