DALJIT SINGH Vs. SHASHI KUMAR AND OTHERS

JUDGEMENT

(1.) This appeal is directed against order dated 20.10.2010 passed by the Sub Divisional Magistrate-cum-Presiding Officer, Election Tribunal, Dasuya [for short "Election Tribunal"] by which the election petition filed by respondent No.1 Shashi Kumar has been allowed and election of the appellant as a Member of the Block Samiti has been set aside.

(2.) In brief, the appellant and respondent No.1 contested the election of Member, Panchayat Samiti, Zone No.8, Behmawa, Block Talwara, Tehsil Mukerian, District Hoshiarpur which comprises of 5 villages, namely, Behmawa, Behlakhan, Beh Keeto, Fatehpur and Ban Karanpur. The appellant contested the election on the symbol of Bhartiya Janta Party (BJP), whereas the respondent No.1 contested the election on the symbol of Indian National Congress (I). The polling was held on 12.05.2008 and the result was declared on 14.05.2008 in which the appellant polled 1003 votes, respondent No.1 polled 995 votes and 74 votes were rejected being invalid. Hence, the appellant was declared as the returned candidate to fill in the seat of Member, Panchayat Samiti.

(3.) Respondent No.1 challenged the election of the appellant by way of election petition filed under Section 76 of the Punjab State Election Commission Act, 1994 [for short "the Act"] on the ground that 35 thumb marked votes and votes with other mark, which were not carrying proper seal, were counted in favour of the appellant. The election petition was admittedly filed by Shri Kamaljit Sharma, Advocate on 27.06.2008 before the Additional Deputy Commissioner-cum-Election Tribunal, Hoshiarpur from where it was transferred to the Court of Sub Divisional Magistrate-cum-Presiding Officer, Election Tribunal, Dasuya on 15.06.2009.