SUCHA SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) This appeal is directed against the order dated 29.4.2010 passed by the Presiding Officer, Election Tribunal-cum-Deputy Director, Urban Local Bodies, Ferozepur (for short - 'the Tribunal'), vide which election of respondent No.3-Sucha Singh (appellant herein) as Panchayat Member of Village Megha Panj Garian Hithar, Block Jalalabad, District Ferozepur has been set aside on the ground that he was convicted under Sections 323, 324 and 34 IPC on 20.5.2004 and as per Section 208 of the Panchayati Raj Act, 1994 (Punjab Act No. 9 of 1994) (hereinafter referred to as 'the Act' of 1994) he was disqualified for being elected.

(2.) Petitioner-Mohinder Singh (respondent No.1 herein) filed election petition under Section 76 of the Punjab State Election Commission Act, 1994 (Punjab Act No.19 of 1994) (hereinafter referred to as 'the Election Act') read with Sections 50 to 52 of the Punjab Panchayati Election Rules, 1994 (hereinafter referred to as 'the Rules') against the declaration of the appellant and other respondents as Members of the Panchayat from the general category of Village Megha Panj Garian Hithar. It was main contention of the petitioner before the Tribunal that the present appellant was not qualified being elected as per provisions of Section 208 of the Act of 1994. Resultantly, the Tribunal appointed the next candidate in serial order to be the Panch.

(3.) I have heard learned counsel for the parties and have gone through the records of the case.