HARMINDER SINGH Vs. RAJINDER SINGH

JUDGEMENT

(1.) This appeal is directed against the order of Additional Deputy Commissioner-cum-Election Tribunal, Rupnagar dated 23.9.2009 vide which election of appellant Harminder Singh has been set aside at the instance of the election petition filed by respondent No. 1 (Rajinder Singh) on the ground that the appellant being a defaulter of The Charian Agricultural Cooperative Service Sabha Ltd., Charian was disqualified to contest the election, therefore, his nomination paper has been illegally accepted and has been illegally declared as elected.

(2.) Brief facts of the case are that elections for the Gram Panchayat Brahman Majra were held on 26.5.2008. The petitioner was elected as a Panch in the said election defeating his nearest rival who has challenged his election by filing the present election petition under Section 76 of the Punjab State Election Commission Act, 1994 (for short 'the Act No. 19 of 1994') on the following grounds:

(3.) The aforesaid averments made in the election petition were replied by the appellant as under: