DES RAJ Vs. SURJIT KAUR

JUDGEMENT

(1.) Election of the appellant as Panch against reserved category of male Scheduled Caste candidate has since been set aside by the Election Tribunal, Sangrur. vide order dated 26-10-1998 and the election petitioner Surjit Kaur (respondent no. 1 herein), who polled more votes than that of appellant, has been declared elected as Scheduled Caste Panch. This order of the Election Tribunal has since been upheld by the learned Single Judge vide judgment dated 27-1-1999 recorded in FAO No. 2612 of 1998 preferred by appellant Des Raj. The orders aforesaid have been challenged by appellant Des Raj in this appeal under Clause-X of the Letters Patent.

(2.) Brief facts giving rise to this appeal reveal that the Government issued notification for holding election to Gram Panchayats. As per notification, depending upon number of voters, some posts of Panchas in each village were kept reserved for General or Scheduled Caste candidates with further reservation for males or females. As regards notification in respect of village Shekhupur Khurd of District Sangrur, out of 5 posts of Panchas, 2 were reserved for male general category and 2 for female general category, whereas 1 was reserved for Scheduled Caste male, as would be apperaent from notification, Annexure P-1. Relevant part thereof reads thus :- @@ Sr. No.Name of Gram PanchayatName of included villageH. No. VotersCategoryTotalGeneralSCBCMFMF 1 to 58XXXXXXXXXXXXXXXX59ShekupurShekupur52 321 5 221----60 to 66XXXXXXXXXXXXXXXXXX @@

(3.) For the 5 total seats, 9 candidates contested the election. Appellant Des Raj, a male Scheduled Caste category candidate, polled 24 votes while Surjit Kaur, respondent No. 1, who too is Scheduled Caste, polled 26 votes. The votes polled in respect of village Shekhupur Khurd are as follows :- Sr. No.NameCategoryVotes PolledRemarks 1.Mansa SinghGeneral63Elected2.Ghamanda SinghGeneral61Elected3.Mukhtiar KaurGeneral38Elected4.ManteGeneral36 By tossElected5.Des RajSC24Elected6.Mohinder KaurGeneral36 By tossDefeated7.Surjit KaurSC26Defeated8.Baljinder KaurGeneral06Defeated9.Sukhdev SinghGeneral00 (No vote)Defeated