JAGIR SINGH Vs. RAJWINDER KAUR

JUDGEMENT

(1.) THIS appeal has been preferred by Jagir Singh against the order of Addl.Deputy Commissioner (General) cum Election Tribunal, Gurdaspur, dated 12.10.2009, vide which election petitioner Rajwinder Kaur has been declared to have been elected in the general category and election of Jagir Singh (appellant) has been set aside.

(2.) GENERAL election to constitute Gram Panchayats in the State of Punjab were held in the month of May. 2008 including the Gram Panchayat of village Bhattiwal, Block Sri Hargobindpur, Tehsil Batala, District Gurdaspur. This Gram Panchayat comprises of seven seats of Panches, which are bifurcated as under :-

(3.) ELECTION petitioner/respondent No. 1, challenged the election of Jagir Singh on the ground that she had never filled her nomination papers in the category of General (Women) and has been wrongly put in that category by the Returning Officer at the time of declaration of result. It was alleged that if she had to contest the election in the category of General (Women), then she would have mentioned her choice in the nomination papers. But since she has not expressed her desire to contest the election in the category of General (Women), the Returning Officer had no jurisdiction to put her in the category of General (Women) only on the basis that she is a Jat Sikh (General) and a lady. It is also alleged that she had not made any choice in the nomination papers and being a Jat Sikh, she had desired to contest the election in the General Category instead of any category reserved for any class/classes.