JASWANT SINGH Vs. PRESIDING OFFICER, ELECTION TRIBUNAL

JUDGEMENT

(1.) This appeal is directed against order of the Election Tribunal (A.D.C), Hoshiarpur whereby election petition filed by the appellant, challenging the election of respondent No. 1, under Section 76 of Punjab State Election Commission Act, 1994, (for short 'the Act 1994') has been dismissed.

(2.) The General Elections, in the State of Punjab, for the Gram Panchayats, were held on 26.5.2008. 3. The first argument raised by the counsel for the appellants is that on 17.5.2008, when the nomination papers were to be scrutinized, he had objected to the candidature of respondent No. 1 on the ground that his nomination paper is not accompanied with 'No Objection Certificate' (for short 'NOC') from the Block Development and Panchayat Officer (in short 'BDPO'). It is submitted that in the absence of the NOC, his nomination papers could not have been accepted, which otherwise has been illegally accepted by the Returning Officer. Therefore, a manifest in justice has been caused to the appellant as he has been pitted against a person to contest the election who was not qualified in view of Section 208(1)(o) of the Punjab Panchayati Raj Act, 1994 (for short 'the Act'). He further relied upon the report of the SDM, Hoshiarpur to contend that in an enquiry conduced on 24.5.2008, the SDM, Hoshiarpur has opined that NOC was conspicuously absent with the nomination papers filed by the applicant.

(3.) The second argument raised by the counsel for the appellant is that respondent was disqualified from the post of Sarpanch by the Joint Director, Rural Development, exercising the powers of Director Punjab, Chandigarh, vide his order dated 28.5.2005. Therefore, he could not have been allowed to contest the present elections.