JOGINDER SINGH Vs. BALWINDER SINGH

JUDGEMENT

(1.) THIS appeal is directed against the order passed by Election Tribunal-cum-Deputy Commissioner, Barnala, dated 16.11.2009, by which the election petition filed by respondent No. 1. Balwinder Singh has been allowed, the election of appellant Joginder Singh as Panch of the Gram Panchayat village Khudi Kalan is set aside and Balwinder Singh has been declared as elected member.

(2.) BRIEF facts of the case are that Balwinder Singh filed an election petition challenging the election of Joginder Singh and Hardev Singh on the ground of corrupt practice. The election petitioner led evidence to prove the corrupt practice whereas the respondents led evidence to contradict it. In addition, the election petitioner proved that Joginder Singh respondent No. 1 was convicted and sentenced for a period of 10 years and fined Rs. one lac by the Court of Addl. Sessions Judge, Barnala, vide his order dated 02.3.1994 in a case of his involvement in the sale of narcotics and that order was upheld by the High Court on 5.12.2008. The election of Joginder Singh was set aside on the ground that he was unqualified and appellant was declared elected in his place as he was having the highest votes amongst the candidates who had lost.

(3.) IN reply, learned counsel for the respondents has submited that no doubt conviction under the NDPS Act is not a disqualification under Section 11 of the Act, but according to Article 243-F of the Constitution of India, the appellant would not be eligible to contest the election for the post of Panch or being a member of panchayat, if he is so disqualified under any law for the time being inforce for the purpose of election to the Legislature of the State Concerned. He further submitted that Members of the State Legislative Assembly are elected in terms of the provisions of the Representation of People Act, 1950 (for short, Act of 1950) in which certain disqualifications are provided in Section 8, which includes disqualification in Clause 8 (i) (f) pertaining to conviction under NDPS Act. It is, therefore, submitted that the appellant was ineligible or unqualified for the purpose of contesting election for the post of Panch having been convicted already under the NDPS Act on 2.3.1994 i.e. before the date of election on 26.5.2008, whose appeal was dismissed by the High Court on 5.12.2008.