MAKHAN SINGH Vs. PRESIDING OFFICER, ELECTION TRIBUNAL-CUM-ADDITIONAL DEPUTY COMMISSIONER (GENERAL) AND ORS

JUDGEMENT

(1.) This appeal is directed against order dated 14.1.2009 passed by the Election Tribunal-cum-Additional Deputy Commissioner (General), Ferozepur by which election petition filed by Jatinder Pal Singh (respondent No. 2) against Makan Singh (appellant) has been allowed and respondent No. 2 has been declared to be duly elected to the office of the Panch of Gram Panchayat, Village Hol-lanwali, Block Zira, Tehsil Zira, District Ferozepur, in place of the appellant.

(2.) The five members Panchayat of village Hollanwali comprises of two posts of General category male, two posts of General category female and one for Scheduled Caste male. Both appellant and respondent No. 2 contested for the office of Panch from the General category meant for males in the election held on 26.5.2008. In the said election, appellant polled 93 votes whereas respondent secured 12 votes. Consequently, appellant was declared elected as a Panch of Gram Panchayat of village Hollanwali in the General category meant for males. Respondent No. 2 challenged his election by way of an election petition filed under Section 76 of the Punjab State Election Commission Act, 1994 (for short 'the Act') read with Rule 50 of the Punjab Panchayat Election Rules, 1994 (for short 'the Rules), inter alia, on the ground that the appellant was not qualified to contest the election being an employee of the Punjab Ex-Servicemen Corporation, a Punjab Government Undertaking owned and controlled by Punjab Government as he was working as a Security Guard with the Bharat Sanchar Nigam Limited (for short 'BSNL') Exchange of Sherkhan, which is also a Government of India enterprise. The appellant contested the election petition on the ground that he was not a regular employee of BSNL as he was working on daily wages. He denied that he was not qualified to contest the election and his nomination paper has been wrongly accepted by the Returning Officer. Both the parties led their evidence and the Election Tribunal set aside the election of the appellant on the ground that on 16.5.2008 when he had filed his nomination paper, he was an employee of Punjab Ex-Serviceman Corporation, which is a Punjab Government Undertaking and is a Corporate body owned and controlled by the State Government as he was drawing the salary from the said Corporation and was working as a Security Guard with the BSNL. Thus, in view of the provision of Section 11(j) of the Act, it was held that the appellant was not eligible to contest the election for the office of Panch of the Gram Panchayat.

(3.) Aggrieved against the order of the Tribunal, the appellant has preferred the present appeal, which was admitted and the operation of the impugned order was stayed.