JAGAT RAM Vs. ASHA RANI

JUDGEMENT

(1.) This appeal is directed against the order of learned Deputy Commissioner-cum-Election Tribunal, Hoshiarpur, dated 17.3.2009, whereby election petition filed by the appellant challenging the election of respondent No. 1. has been dismissed.

(2.) Brief facts of the case are that the Punjab State Election Commission issued a Notification in the month of April, 2008 for holding elections of Gram Panchayat in the State of Punjab. As per the election programme, nomination papers were to be filed upto 16.5.2008 and scrutiny of the nomination papers was to be held on 17/18.5.2008. Last date for the withdrawal of nomination papers was 19.5.2008 and election was scheduled to be held on 26.5.2008. Seven posts of member Panchayat in village Chitton were notified, out of those, three posts were to be filled up frdm General Category (Men), two posts from General Category (women), one post was reserved for S.C. (men), no post was reserved for Scheduled Caste (Female) and one was reserved for Backward Class (Men/Women).

(3.) Pursuant to the notification, respondent No. 1, Asha Rani wife of Sohan Lal Smt. Asha Rani wife of Shingara Singh Chaman Lal son of Khushi Ram and Raman Lakha son of Jagat Ram filed their nomination papers for contesting election to the post of member Panchayat of village Chitton under the Scheduled Caste category. Nomination papers of Asha Rani (respondent No. 1) was rejected on 19.52008 by the Returning Officer on the ground that there is no seat reserved for Scheduled Caste Category (Women). Thereafter, the election of Gram Panchayat Chitton was cancelled as all the candidates had withdrawn their nomination papers by mutually agreeing to elect the Panches unanimously. Thereafter, the Govt. of Punjab issued a fresh notification for conducting election of Gram Panchayat Chitton vide memo No. 25333 dated 07.6.2008 requiring the candidates to file their nomination papers up to 14.6.2008 and the election was schedule to be held on 22.6.2008. Pursuant to the above notification, the petitioner/appellant filed his nomination papers in the Scheduled Caste Category (Men). Along-with the appellants, 11 more candidates filed their nomination papers, which is detailed as under: <FRM>JUDGEMENT_2629_TLP&H0_2010_1.html</FRM>