PARO BAI Vs. BIMLA RANI AND OTHER

JUDGEMENT

(1.) The important question involved in this appeal is "as to whether a person, who has not attained the age of 21 years is eligible to contest the election for the post of Panch under the provisions of Punjab Panchayati Raj Act, 1994 (for short 'the Act No. 9 of 1994) or the Punjab State Election Commission Act, 1994 (for short 'the Act No. 19 of 1994) or the Constitution of India (for short 'the Constitution')?

(2.) The 5 members Gram Panchayat, Gagan Ke, Block and Tehsil Fazilka, District, Ferozepur comprises of 2 posts for Woman (General), 2 posts for Male (General) and 1 post for Backward Class. The elections were held to constitute the Panchayat on 26.5.2008 in which appellant/election petitioner (Paro Bai) and respondent No. 1 (Bimla Devi) contested for the post meant for Woman (General) in which respondent No. 1 was declared elected.

(3.) The appellant had challenged the election of respondent No. 1 by way of the election petition, inter alia, on the ground that respondent No. 1 had not completed the minimum age of 21 years on the day when she had filed her nomination papers, therefore, she was not eligible to contest the election for the post of Panch in terms of Section 208(1)(a) of the Act No. 9 of 1994. It was, thus, prayed that her election may be set aside. In support of her case, the appellant examined herself, Sumer Singh, Reshma Bai (respondent No. 3), Darshan Singh (respondent No. 4) and Swaran Chand (respondent No. 6) besides producing Duli Chand, Maths Teacher, Govt. High School, Kirianwali, Tehsil Fazilka, who had stated that as per school record the date of birth of respondent No. 1 (Bimla Devi) is 20.04.1989. Nomination papers of respondent No. 1 was summoned and produced by Pawan Kumar Dhawan, Returning Officer (respondent No. 17) in which she had entered her age as 19 years and a copy of the Matriculation Certificate (Ex. A-5) bearing her date of birth as 20.4.1989.