TARLOCHAN SINGH Vs. KASHMIR SINGH

JUDGEMENT

(1.) This appeal is directed against order dated 25.9.2009 passed by Deputy Commissioner-cum-Presiding Officer Election Tribunal, Tarn Taran (for Short 'Election Tribunal') whereby, election petition filed by the appellant challenging the election of the respondent for the post of Sarpanch of Village Pakhopur, Tehsil and District Tarn Taran has been dismissed, inter alia, on the ground of limitation observing thus:

(2.) Learned Counsel for the appellant has argued that the presiding officer has illegally and secretly conducted the meeting dated 21.7.2008 otherwise there is no question of the appellant not attending the meeting on the said date thereby paving way for the respondent to be elected as Sarpanch, though, in minority. It is also submitted that the said Presiding Officer, namely, Guriqbal Singh conducted election in three Panchayats, namely, Merhana, Johal Dhaewala, Pakhopur. Out of which election of village Johal Dhaewala was challenged by the aggrieved Panches by way of CWP No. 15721 of 2008 and was disposed of by a Division Bench of this Court on 22.12.2008 on the basis of an agreement between the parties to have the election of Sarpanch afresh. It is also submitted that according to his information, election conducted by Sewak Singh of village Merhana is also under challenge before this Court.

(3.) In these circumstances, it is alleged that the proceedings conducted by the said Presiding Officer in the present case cannot be accepted especially in view of the report of the SDM Patti dated 1.8.2008.