AMRIK SINGH Vs. ELECTION TRIBUNAL AND ORS

JUDGEMENT

(1.) This appeal is directed against the order passed by Deputy Commissioner-cum Presiding Officer, Election Tribunal, Gurdaspur, dated 9.9.2009, whereby an election petition filed under Sections 76 & 89 of the Punjab State Election Commission Act, 1994 (for short, the Act), challenging the election of Balbir Singh, has been dismissed.

(2.) Brief facts of the case are that election to constitute Gram Panchayat, Jagowal Bet, District Gurdaspur, was held on 26.5.2008, in which 7 members from various categories were elected. In order to elect Sarpanch of the said village, a meeting was convened by the Returning Officer on 17.7.2008. The said meeting failed as the Presiding Officer did not come. Next meeting was scheduled for 19.7.2008 at 2.30. p.m and for that purpose, separate notices were issued by the Returning Officer on prescribed form. That meeting was attended by respondent Nos. 2 to 4 in which respondent No. 2 was declared to have been elected in terms of Rule 45-A of the Punjab Panchayat Election Rules, 1994 (for short, 'the Rules').

(3.) The appellant then filed a C.W.P. No. 13111 of 2008 in this Court, seeking a writ in the nature of mandamus directing the official respondents i.e. respondent Nos. 1 and 2 to hold election of the Sarpanch of Gram Panchayat, Jagowal Bet by allowing the petitioners to elect Sarpanch of their choice as they have got majority of four members out of seven members of the Panchayat. The said writ petition was disposed of by this Court in terms of an order passed in C.W.P. No. 12694 of 2008 titled Gurmeet Singh v. State of Punjab and Ors. decided on July 23, 2008. The sum and substance of the said order passed in C.W.P. No. 12694 of 2008, was to file an election petition instead of approaching this Court by way of writ petition.