SUDARSHAN KAUR Vs. CHHINDO

JUDGEMENT

(1.) This appeal is directed against the order passed by Election Tribunal dated 02.2.2010, by which election of the appellant (Sudarshan Kaur) has been set aside on the ground that draw of lots was not held by the Returning Officer but by the Presiding Officer.

(2.) In brief, election for constituting the Gram Panchayat of Sarhal Mundi, Block Phillaur, District Jalandhar,was held on 26.5.2008 in which Smt. Chhindo wife of Bihari Lal and Smt. Sudarshan Kaur wife of Mohinder Singh contested for the post of Panch (S.C.Women) and polled equal votes. The Presiding Officer held draw of lots in terms of Section 68 of the Punjab State Election Commission Act,1994 (for short, the Act) in which Sudarshan Kaur (appellant) was successful. The defeated candidate Smt. Chhindo challenged the election of the appellant by filing the election petition in which it was inter-alia, alleged that the Presiding Officer had no jurisdiction to hold draw of lots in the case of tie as the jurisdiction vests only with the Returning Officer and only on that ground, election petition has been allowed by the Election Tribunal.

(3.) Learned counsel for the appellant has submitted that Sh. N.D. Chopra, was appointed as Presiding Officer by the District Electoral Officer vide his order dated 4.6.2008 alongwith other Polling Officers for the election of Gram Panchayat Sarhal. It was specifically provided in the order dated 4.6.2008 that the Presiding Officer will work as Assistant Returning Officer for the purpose of counting of votes. Order dated 4.6.2008 is being reproduced below :-