NACHHATAR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The only point which arises for determination in this writ petition is whether the petitioner, the only woman candidate, who contested election of a Gram Panchayat unsuccessfully, can be deemed to be elected in view of sub-section (4) of Section 6 of the Punjab Gram Panchayat Act (hereinafter referred to as the Act). The petitioner in this case is a woman who was the only lady candidate left in the field after the withdrawal of the nomination papers for the election of Panches of Gram Panchayat Fatehpur, District Ropar, after the scrutiny of the nomination papers. Her grievance is that although she was to be deemed to be declared as elected but the Returning Officer did not do so illegally. To appreciate, it is necessary to set down sub-sections (1), (3) and (4) of Section 6 of the Act :-

(2.) Accordingly this petition is allowed with costs to the extent that the petitioner Smt. Nachhatar Kaur is deemed to have been elected, as a Panch of Gram Panchayat Fatehpur, District Ropar. Costs against respondent Nos. 1 to 3. Counsel's fee Rs. 300/-.