MALKEET KAUR Vs. BHUPINDER PAL

JUDGEMENT

(1.) This appeal is directed against order of the Election Tribunal, Muktsar, dated 5.2.2009 whereby an Election Petition filed by the appellant was dismissed.

(2.) The case set up by the appellant is that she filed her nomination paper on 16.5.2008 for election to the office of lady Panch (General Category) of Gram Panchayat Sikhwala, Tehsil Malout, District Muktsar. Her nomination paper was complete in all respects and her name appeared in the list of candidates, however, vide order dated 19.5.2008, the Returning Officer passed an order illegally regarding withdrawal of the nomination paper by her. It is alleged that the appellant made a complaint to the Higher Authorities i.e. Deputy Commissioner Muktsar, S.D.M. Malout and to the State Election Commissioner, Punjab, but to no avail and at last, she had to file an Election Petition. It is also alleged that her nomination papers were found to be in order, her name was displayed on the Notice Board in Form V as required under Rule 13 and Section 43 of The Punjab Panchayat Election Rules, 1994 (for short 'the Rules') and Section 73 of The Punjab State Election Commission Act, 1994 (for short 'the Act'). It is also alleged that the appellant was allotted the election symbol of 'Scissors'.

(3.) But the learned Tribunal dismissed the Election Petition by observing as under: