RANJIT KAUR Vs. HARJINDER KAUR

JUDGEMENT

(1.) This appeal is directed against order dated 22.9.2009 passed by Election Tribunal, Amritsar, whereby election petition filed by respondent Nos. 1 to 6 against the appellant has been allowed.

(2.) Brief facts of the case are that meeting for the election of Sarpanch of Panchayat of nine members was held on 2.8.2008 which could not materalise as none of the Panch attended the meeting which was adjourned to 06.8.2008. On the adjourned date, all the nine members were present. There were three groups of having equal number of votes in their favour, Meaning thereby that one member proposed name of the candidate and other members seconded him. In this background, the Returning Officer held draw of lots in which appellant got one extra vote and was declared elected. Respondent Nos. 1 to 6 challenged the election of the appellant by way of filing an election petition on the ground that no meeting was held on 06.8.2008 and it was adjourned to 8.8.2008. On this plea, election of the appellant was set aside by the Tribunal.

(3.) At the very out set, learned Counsel for the appellant has referred to the record of the case which was summoned by this Court vide order dated 10.12.2009 and submitted that the election petition is defective in law as it is not in consonance with the mandatory provisions of Section 76 of the Punjab State Election Commission Act, 1994 (for short, 'the Act') and should have been dismissed by the Election Tribunal in view of Section 80 of the Act. It is also submitted that all the pages of the election petition are not signed and attested by the election petitioner nor the copy supplied to the appellant has been signed and attested.