HARBHAJAN SINGH Vs. JASBIR KAUR

JUDGEMENT

(1.) This order shall dispose of two appeals bearing FAO No. 4744 of 2009 titled as Harbhajan Singh v. Jasbir Kaur and Ors. and FAO No. 5003 of 2009 titled as Jasvir Kaur v. Amarjit Singh and Ors. as both the appeals have arisen out of an order passed by Election Tribunal dated 27.8.2009 whereby Election of Harbhajan Singh to the post of Panch has been set aside and a direction has been issued to the Government of Punjab to hold fresh elections for the post of Panch.

(2.) Harbhajan Singh has filed appeal No. 4744 of 2009 challenging the order of the Election Tribunal on the ground that the impugned order is illegal whereas Jasvir Kaur has challenged the order of Election Tribunal on the ground that after upsetting the election of Harbhajan Singh she should have been declared elected in his place. FAO No. 4744 of 2009 was filed on 18.9.2009 in which notice of motion was issued on 23.9.2009 and process of fresh election was order to be stayed. Whereas, FAO No. 5003 of 2009 was filed on 5.10.2009 in which notice of motion was issued on 14.10.2009 and in the meanwhile, elections were ordered to remain stayed.

(3.) For the convenience, the facts are being extracted from FAO No. 4744 of 2009.