BASANT KUMAR GOYAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of filing the present writ petition, petitioner, inter alia, prays for issuance of a writ in the nature of mandamus, directing respondent No.3-Secretary, State Election Commission, Chandigarh to declare the result of respondents No.7 and 8 for election of Municipal Council, Lehra Gaga, District Sangrur as null and void, as they have encroached upon the government land. Further, prayer has been made not to hold election for electing President of Municipal Council, Lehra Gaga, District Sangrur.

(2.) The facts of the case are that petitioner No.1 and petitioner No.2 contested the election from Ward Nos.3 and 5 of Municipal Council, Lehra Gaga, District Sangrur, respectively and respondents No.7 and 8 were their rival candidates. The petitioners filed objections before the Returning Officer-respondent No.6 against the nomination papers of respondents No.7 and 8 on the ground that they were in unauthorized possession of the government land. However, respondent No.6 failed to act upon the complaints/objections made by the petitioners against respondents No.7 and 8 and subsequently, they were able to contest the election and ultimately elected from their respective wards. It is alleged in the petition that respondent No.6 blatantly misused her powers as Returning Officer in the elections.

(3.) Learned counsel for the petitioners submits that while allowing respondents No.7 to 8 to contest the election, respondent No.6 out-rightly ignored the fact that encroaching upon Municipal land is a criminal offence also. He further submits that a person who has encroached upon Municipal land can never be allowed to represent the residents of that area in the capacity of councilor. To support his claim, he refers to an interim order dtd. 12/3/2021 passed by this Court in CWP No.5876 of 2021.