SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has sought a writ in the nature of certiorari for quashing of the order dated 21st April, 2010 (Annexure P-1), passed by State Election Commission, Punjab, whereby fresh election for the post of Sarpanch of Gram Panchayat Ali Ke Jhugian has been ordered by the Election Commission.

(2.) Brief facts of the case are that election to Gram Panchayat Ali Ke Jhugian, Block Mandot, District Ferozepur was held on 26th May, 2008. On 18th January, 2009, a vacant seat was filled up by electing Mohinder Kaur as a lady Panch. Thereafter, election to the post of Sarpanch was slated to be held on 7th March, 2009. There was some dispute regarding the election, due to which petitioner filed writ petition (CWP 6357 of 2009) before this court. The said writ petition was disposed of by this court (Permod Kohli, J.) on 20th October, 2009, directing the Election Commission to conduct an inquiry into the matter. Pursuant to same, the Election Commission conducted an inquiry and came to conclusion vide order, Annexure P-1 that the election to post of Sarpanch of Gram Panchayat Ali Ke Jhugian had not been free from fraud and thus, there was need to hold fresh election to the said post. Aggrieved, the petitioner has preferred the instant writ petition.

(3.) Learned counsel for the petitioner has argued that the order passed by the Election Commission is unsustainable as it failed to consider the facts of the case in correct perspective. He submits that the order has not been passed in consonance with the direction issued by this court in CWP No. 6357 of 2009.