SATNAM SINGH Vs. AMRIK SINGH

JUDGEMENT

(1.) This appeal is directed against the order of Election Tribunal, Moga, dated 20.7.2009 whereby an Election Petition filed by Amrik Singh (respondent No.1 herein) has been allowed, the appellant has been unseated and Amrik Singh has been declared to have been elected on the post of Panch reserved for Backward Class.

(2.) Learned counsel for the appellant has submitted that election of the Panches for Gram Panchayat, Thooth Garh, was held on 26.5.2008 and result was declared on the same day in which appellant was declared as Panch of the Gram Panchayat and his election was challenged by way of an election petition filed under Section 76 of The Punjab State Election Commission Act, 1994 (for short `the Act') on 25.7.2008. It is submitted that in terms of Section 76 of the Act, the Election Petition could have been filed within 45 days from the date of declaration of the result of returned candidates and if Election Petition is not filed within 45 days as provided under Section 76 of the Act, then in view of Section 80 of the Act, the Election Petition has to be dismissed by the Election Tribunal as not maintainable.

(3.) After notice of motion, Sh.Sushil Gautam, Advocate has put in appearance on behalf of respondent No.1 and has argued with equal vehemence that no relief could be granted by this Court to the appellant because he does not belong to Backward Class and has illegally contested in that category without any legal right. It is submitted that though, technically the appellant may be correct, but substantially his candidature in the category of Backward Class was patently illegal from the beginning. However, he did not dispute that the election was held on 26.5.2008, result was declared on the same day and the Election Petition was filed on 25.7.2008.