VARINDER KAUR ALIAS BARINDER KAUR Vs. GURCHARAN KAUR

JUDGEMENT

(1.) This order shall dispose of FAO No. 3535 of 2009 which has been preferred against the order dated 7.1.2009 of the Deputy Commissioner-cum-Election Tribunal, Rupnagar (hereinafter referred to as 'the Tribunal') whereby election petition filed by Smt. Varinder Kaur alias Barinder Kaur under the Punjab State Election Commission Act, 1996 (sic. - 1994) (hereinafter referred to as 'the Act') for setting aside the election of Gurcharan Kaur (respondent No. 1) from the post of Panch of Village Ramgarh, District Ropar has been dismissed.

(2.) The petitioner (appellant herein) and respondents No. 1 to 7 had contested the election held on 26.5.2008 to the Panchayat of Village Ramgarh. The appellant and respondent No. 2 were defeated in the said election and respondents No. 3 to 7 were declared elected. Respondent No. 1 was not eligible for membership of the Panchayat as she was not residing in the village and had been residing in House No. 28, Sector 15-A, Chandigarh. She was a voter at Chandigarh and her name was entered at serial No. 104 in the voters' list at Chandigarh for the year 2008 and voter identity card bearing No. PBA 5128822 was issued to her. Respondent No. 1 has exercised her right to vote in the Lok Sabha and Municipal Corporation election held at Chandigarh but her name was also entered in the voters' list for the year 2007 of Village Ramgarh, Block Morinda, Post Office Lutheri at serial No. 352 and as such the nomination and election of respondent No. 1 as a Member, Panchayat of Village Ramgarh was against the provisions of Sections 26 to 28 of the Act.

(3.) Aggrieved against the order of Tribunal, the appellant has preferred the present appeal wherein in the objection taken before the Election Tribunal has been reiterated. Learned counsel for the appellant has submitted that the procedure prescribed under the Civil Procedure Code for conducting election has not been followed in this case. It is submitted that the documents relied upon by the respondents required to be proved by producing cogent and convincing evidence and by affording reasonable opportunity to the opposite side to defend their claim. However, the Tribunal arbitrarily dismissed the petition. On the other hand, learned counsel for respondent No. 1 by referring to Annexures-R.1 and R.2 and by relying upon the decision contained in by this Court in Budh Singh v. State of Punjab and another, 1973 PunLJ 535 has submitted that the Tribunal has rightly dismissed the petition of the petitioner- appellant Varinder Kaur.