JASWINDER KAUR Vs. KANWALJIT KAUR

JUDGEMENT

(1.) Jaswinder Kaur filed this appeal to challenge the order dated 30.7.2010 passed by Additional Deputy Commissioner-cum-Presiding Officer, Election Tribunal, Amritsar. By the said order, election petition filed by Kan-waljit Kaur wife of Balwinder Singh, resident of Village Attalgarh was accepted. Election of Jaswinder Kaur as Sarpanch was set aside and post of Sarpanch of Gram Panchayat, Attalgarh, was ordered to be kept reserved for SC (female). Direction was given to Additional Deputy Commissioner (Development), Amritsar, to conduct the election.

(2.) Kanwaljit Kaur filed election petition under Section 76 of the Punjab State Election Commission Act, 1994, and Rules 50 and 51 of Punjab Election Rules, 1994, on the allegation that Jaswinder Kaur, Respondent, was elected as Sarpanch. Petitioner was the voter of Gram Panchayat of Village Attalgarh. As per instructions/notification of Punjab Government, office of Sarpanch of Gram Panchayat of Village Attalgarh, was kept reserved for SC (Female). Jaswinder Kaur is the daughter of Hardev Singh Sodhi, r/o H. No. 191, Ward No. 5, near Pehalwan Adda, Dhuri. Hardev Singh Sodhi belonged to Sodhi caste (General Category). Jaswinder Kaur belonged to Sodhi caste by birth and was married to Harjit Singh, who belonged to SC. Certificate of SC issued by the Tehsildar, Amritsar (II) was not correct one. As per instructions of Punjab State, certificate of SC is to issued to the person who belongs to SC by birth. Election of Panches of Gram Panchayat of Village Attalgarh was held on 26.5.2008, whereas Jaswinder Kaur got SC certificate on 3.6.2008. Certificate was got issued by concealing true facts with the connivance of officials. Jaswinder Kaur was declared Sarpanch on the basis of wrong and illegal certificate.

(3.) Upon notice, reply was filed by Jaswinder Kaur and election petition was contested, inter-alia, on the ground that Petitioner contested the election for the post of Panch as SC (Women) category. Respondent also contested election for the post of Panch in General Category (Women) but Respondent belonged to SC (Majhbi Sikh). Respondent being SC (Women) was competent to contest election of Panch reserved for general category (women). Respondent was rightly declared as elected Panch of Village Attalgarh. Mukhtiar Singh and Darbara Singh had supported the Respondent and Respondent was rightly declared as Sarpanch on 19.7.2008. Respondent was married to Harjit Singh, SC. Respondent belonged to Majhbi Sikh caste, which is SC. SC certificate was rightly issued by the competent authority. Brother of the Respondent was not running a medical store at Dhuri under the name and style of Sodhi Medical Store. Father's name of Respondent is not Hardev Singh Sodhi. Father's name of Respondent is Hardev Singh only and denied all other allegations.