PALWINDER KAUR Vs. RANJIT SINGH

JUDGEMENT

(1.) This appeal is directed against order of Election Commission, Amritsar-I, dated 19.11.2009, whereby election of respondent No. 1. (appellant) to the post of Sarpanch has been upset.

(2.) Shorn of unnecessary details, election of Gram Panchayat Sidhwan, Block Chogawan, Tehsil Ajnala, District Amritsar, was held on 26.5.2008, in which Ranjit Singh, Pritam Singh and Sukhdev Singh were elected as Panches in the General Category, whereas Beero and Palwinder Kaur were elected as Panches (General Women). Respondent No. 3 Sanjay Ratti, was appointed as Presiding Officer, for the purpose of election of Sarpanch, who issued notices on 12.7.2008 for the election to be held on 18.7.2008 at 10.AM. at Government Elementary School Bhangwan as there is no school in village Sidhwan. On 18.7.2008 at 10 a.m, all the Panches were present but due to breach of peace, the meeting was adjourned to 19.7.2008 to be held at 3.p.m in the office of BDPO, Chogawan, Tehsil Ajnala, District Amritsar, On the said date, four Panches except Ranjit Singh, were present but the election was held in which the appellant was elected as Sarpanch. On 20.7.2008, an application/representation was filed by Pritam Singh, Ranjit Singh and Beero for supplying certified copy of the proceedings dated 18.7.2008 and 19.7.2008 in respect of the election of Sarpanch. The election petitioner challenged the election of the appellant on the ground that the meeting was illegal.

(3.) Upon notice, written statement was filed by the respondents taking preliminary objection that "the petitioners have not complied with the provisions of Sections 76 to 78 of The Punjab State Election Commission Act, 1994 and the copy of the election petition is not attested by the petitioners under their signatures nor the documents attached with the petition are attested and verified, hence the present petition is liable to be dismissed on this ground."