BHAJAN KAUR Vs. GURMEJ KAUR

JUDGEMENT

(1.) Challenge in the present appeal is to the order dated 25.3.2009 passed by the Deputy Commissioner-cum-Election Tribunal, Shahid Bhagat Singh Nagar (for short, the Tribunal), dismissing the election petition filed by the appellants on the ground that the requisite security had not been deposited.

(2.) Briefly the facts of the case are that the election to the Gram Panchayat Sahiba, Tehsil Balachaur, District Shahid Bhagat Singh Nagar, was held on 26.5.2008. The election was challenged by the appellants before the Tribunal on the ground that immediately after the election they were declared elected, however, late in the evening, the result was manipulated and the respondents were declared elected. The prayer in the election petition was for setting aside of the election of the respondents as Panches of the Gram Panchayat and consequently declaring the appellants as the elected Panches.

(3.) After framing of issues on 16.10.2008, the Tribunal dismissed the election petition on the ground that requisite security as provided under Rule 52 of the Punjab Panchayat Election Rules, 1994 (for short, 'the Rules'), had not been deposited as the challenge in the petition was to the election of two panches and the petition had been filed by two defeated candidates, who were praying for declaring themselves as elected.