NASIB KAUR Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This appeal is directed against the order of Deputy Commissioner-cum-Election Tribunal, Hoshiarpur [for short "Election Tribunal". dated 30.07.2009 by which the election petition filed by the Appellants herein, has been dismissed.

(2.) The Gram Panchayat Fatehgarh Niara comprises of 7 Panches namely; i) Harbinder Singh; ii) Hans Raj; iii) Harjinder Kaur; iv) Kamaljeet Singh; v) Nasib Kaur; vi) Babli Rani @ Babli and vii) Jaswinder Singh. All the 7 members of Panchayat took oath on 11.07.2008. In order to elect Sarpanch, a meeting was convened on 14.07.2008 in the Government Elementary School, Hargarh at 12.30 p.m. In this meeting, 4 members of the Panchayat, namely, Harbinder Singh, Hans Raj, Babli Rani @ Babli and Nasib Kaur came present. Since, in the first meeting 2/3 members are required to carry out the resolution, therefore, the meeting had failed due to incomplete quorum, because out of 7 members, 2/3 strength would come to 5 members. However, the meeting was adjourned to 15.07.2008 at 12.30 p.m. at the same venue, namely, the Government Elementary School, Hargarh. In the adjourned meeting dated 15.07.2008, the following members were present: -

(3.) The 7th member, namely, Kanwaljeet Singh, did not come present. The Presiding Officer of the meeting started the process of election of Sarpanch. Panch Hans Raj proposed the name of Harbinder Singh for the post of Sarpanch which was seconded by Panch Harjinder Kaur. According to the proceedings recorded on 15.07.2008, the other 3 Panches, namely, Jaswinder Singh, Babli Rani @ Babli and Nasib Kaur silently left the venue, without signing the proceedings. However, in terms of Rule 45(6) of the Punjab Panchayati Raj Election Rules, 1994 [for short "Rules"., as in the second meeting no quorum is necessary, the Presiding Officer declared Harbinder Singh as Sarpanch of the Gram Panchayat Fatehgarh Niara in exercise of his powers under Section 13-A of the Punjab Panchayati Raj Act, 1994 [for short "Act No. 9 of 1994"..