RASHPAL SINGH ALIAS RACHPAL SINGH Vs. JASVIR SINGH

JUDGEMENT

(1.) This appeal is directed against order of learned Election Tribunal (Sub Divisional Magistrate), Sangrur, dated 25.9.2009, whereby election petition filed by respondent No. 1 has been allowed and election of appellant Nos. 1 to 4 has been set aside.

(2.) Shorn of unnecessary details, it is suffice to mention here that election for panch of village Salempur was held on 26.5.2008 in which appellant Nos. 1 to 4 were declared elected. The said election was challenged by respondent No. 1. by way of C.W.P. No. 17684 of 2008, which was disposed of on 04.10.2008 with a direction to respondent No. 1 to file an election petition.

(3.) It is pertinent to mention here that in the said order, the Court had not ordered for condonation of delay which might have occurred on the part of respondent No. 1 while pursuing his remedy in the writ jurisdiction. Ultimately, respondent No. 1 filed an election petition under Section 76 of the Punjab State Election Commission Act, 1994 (for short, 'the Act') for setting aside the election of the appellant Nos. 1 to 4 on the ground that his nomination paper has been illegally rejected. Admittedly, the election petition was filed on 15.12,2008.