GURLAL SINGH Vs. PRESIDING OFFICER, ELECTION TRIBUNAL

JUDGEMENT

(1.) RAKESH Kumar Jain, J, This appeal is directed against order dated 16.2.2010 passed by the Sub Divisional Magistrate, Sunam, exercising the powers as Presiding Officer, Election Tribunal, Tehsil Lehra Gaga, District Sangrur by which election petition filed by Gurnam Singh (respondent No.2) challenging the election of Gurlal Singh (appellant) has been allowed, the meeting dated 24.8.2008 in which the appellant was elected as Sarpanch has been cancelled and the meeting dated 24.7.2008 in which respondent No.2. is alleged to have been elected, has been declared to be valid.

(2.) A brief skeletal facts of the case necessary to unfold the dispute between the parties are that a meeting of elected panches of Gram Panchayat, Jhaloor, Tehsil Lehra Gaga, District Sangrur for the purpose of election of Sarpanch was convened on 18.7.2008 at 2.p.m., but was adjourned due to lack of coram for 20.7.2008. However, it was again adjourned to 24.7.2008 as the Presiding Officer did not come present due to his ill health. According to the case of respondent No.2., in the meeting held on 24.7.2008, he was elected as a Sarpanch whereas according to the case of the appellant, meeting dated 24.7.2008 was adjourned to 24.8.2008 in which he was elected as Sarpanch. Admittedly, respondent No.2 filed a writ petition i.e. C.W.P.No.14960 of 2008 titled as Gurnam Singh Vs. State of Punjab and others seeking a direction that he should be declared as Sarpanch as per meeting dated 24.7.2008 and be notified as such. The said writ petition was disposed of by this Court on 1.12.2008 with the following order:-

(3.) LEARNED Counsel for the appellant has submitted that since the election petition has not been presented by the candidate (respondent No.2) himself, therefore, it is in violation of Section 76 (1) of the Act and should have been dismissed by the Tribunal in view of Section 80 (1) of the Act. In order to lend support to his arguments, learned counsel for the appellant has relied upon a decision of the Apex Court in the case of G.V.Sreerama Reddy & Anr Vs. Returning Officer & Ors. 2009 (3) RCR (Civil ) 937.