SULAKHAN KAUR Vs. SOHAN SINGH

JUDGEMENT

(1.) Challenge in this appeal is to the order of Deputy Commissioner-cum-Presiding Officer, Election Tribunal, Gurdaspur by which while deciding issue No. 5 (relief) election of respondent No. 1 (appellant) has been set aside and Block Development and Panchayat Officer, Dorangla (for short 'BDPO') has been directed to hold fresh elections and a copy of the order was sent to Additional Deputy Commissioner (D) Gurdaspur for necessary action.

(2.) The grievance of the appellant is only to the part of the order whereby direction has been issued by the Election Tribunal to BDPO to conduct fresh election for the post of Sarpanch and direction has been given to Additional Deputy Commissioner (D) Gurdaspur for necessary action.

(3.) Learned Counsel for the appellant has, inter alia, argued that in terms of Sections 87 and 88 of the Punjab State Election Commission Act, 1994 (for short Act No. 19 of 1994), the Tribunal has no jurisdiction to issue such directions which are contained in the impugned order. It is submitted that in case of occurrence of a casual vacancy in the Panchayat on the grounds provided under Section 89 of the Act No. 19 of 1994 procedure provided in Sections 93 and 94 of Act No. 19 of 1994 has to be followed and vacant seat has to be filled up in accordance with law.