LAKHWINDER KAUR Vs. SHAKUNTLA DEVI AND ORS

JUDGEMENT

(1.) This appeal is directed against order dated 19.10.2009 passed by the Deputy Commissioner-cuti-Presiding Officer Election Tribunal, Gurdaspur by which an election petition, filed by the appellant-Lakhwinder Kaur, under Section 74 & 76 of the Punjab State Election Commission Act, 1994 (for short 'the Act') challenging the election of Shakuntla Devi-respondent No. 1, has been dismissed.

(2.) In brief, the facts of the case are that general elections to constitute Panchayats in the State of Punjab, were held on 26.5.2008, including the Gram Panchayat, Kot Santokh Rai, Block Dhariwal, Tehsil and District Gurdaspur, which comprises of nine members out of which 4 Panches were elected from General category, 2 from General Category (Ladies), 1 from Scheduled Caste category, 1 from Scheduled Caste (Lady) and 1 from Backward Class. The appellant was returned from the constituency of General category whereas respondent No. 1 returned from the constituency of female Scheduled Caste category. As the post of Sarpanch was reserved for female Scheduled Caste category, therefore, present election petition was filed by the appellant on the ground that though she has secured 135 votes, respondent secured 15 votes whereas she had contested in the category of Scheduled Caste (lady) Panch, the returning officer has illegally declared her elected in the General category.

(3.) The election petition has been dismissed by the Court below on the ground that in the nomination paper filed by the appellant, she has categorically mentioned herself contesting in General category,