MANJIT KAUR Vs. CHARANJIT KAUR

JUDGEMENT

(1.) This appeal is directed against the order of learned Election Tribunal, Amritsar dated 13.10.2009, whereby an election petition filed by respondent Nos. 1 to 3 has been allowed and election of appellant No. 1. has been set aside with a direction that a fresh election, for the office of Sarpanch of Gram Panchayat Nawan Kot, be held in accordance with law.

(2.) Brief facts of the case are that in the general election held for Panchayats in the State of Punjab, for the Gram Panchayat of village Nawan Kot, appellant No. 1 (Manjit Kaur) appellant No. 2 (Sukhdev Singh) were elected from General Category, respondent No. 1. (Charanjit Kaur) was elected from Scheduled Caste (Woman) Category, respondent No. 2. (Sukhwinder Singh) was elected from Scheduled Caste Category and respondent No. 3. (Natha Singh) was elected as Panch in B.C. Category respectively. The election for the office of Sarpanch of village Nawan Kot was held on 17.7.2008 in which Manjit Kaur, appellant No. 1, was elected as Sarpanch being the only contesting candidate. She was proposed by Sukhdev Singh, appellant No. 2 and seconded by Natha Singh, respondent No. 3. Election of appellant No. 1. Manjit Kaur was called in question by Charanjit Kaur, Panch S.C. (Woman), Sukhdev Singh, Panch (S.C.) and Natha Singh Panch (B.C.) by filing an election petition under Section 76 of the Punjab State Election Commission Act, 1994 (for short, 'the Act') read with Rules 50 and 51 of the Punjab Panchayat Election Rules, 1994 (for short, 'the Rules') on the ground that she has been elected by practising fraud by forging signatures of seconder Natha Singh, Panch (B.C.)

(3.) After appreciating the evidence available on the file. the learned Tribunal held that majority of panches was not with the appellant Manjit Kaur as the signatures of Natha Singh were found to be forged. The learned Tribunal accordingly observed thus :-