JAGJIT SINGH Vs. STATE ELECTION COMMISSION AND ORS.

JUDGEMENT

(1.) THIS petition challenges the order of the State Election Commission dated 26.6.1998 conducting the election and ordering re -polling of the election of sarpanch and Panch of village Daheheri, Tehsil Amloh, District Fatehgarh Sahib. It is contended that on 24.6.3998, the petitioner was declared elected which is reflected in FIR dated 24.6.1998 lodged before the Returning Officer, who under Section 59 of the Punjab State Election Commission Act, 1994, is the authority to declare the result of the election. It is submitted that once the result of the election is declared, the election authorities become functus officio. It is submitted that instead of challenging election, the election itself has been cancelled on the report made by the District Electoral Officer that after the counting of ballot papers Form No. 9 was not handed over to the candidates which vitiates the election process. It is submitted that on the basis of this report, the State Election Commission approved the action proposed namely cancellation of the election.

(2.) LEARNED counsel for the respondents submitted that there was a further election after the impugned order was passed in which the petitioner was declared defeated and the petitioner has not challenged the result of election. He has also submitted that the election was not vitiated and has been rightly cancelled as the ballot box was not sealed.

(3.) IN view of the above, the impugned order of the Election Commission is set aside.