DARSHAN SINGH Vs. KARAMJIT SINGH AND OTHERS

JUDGEMENT

(1.) Elected candidate Darshan Singh has filed this revision petition under Article 227 of the Constitution of India assailing order dated 06.10.2010 (Annexure P-1), passed by Election Tribunal, Ludhiana. Karamjit Singh - election petitioner (respondent No. 1 herein) earlier filed election petition No. 24 of 2008, challenging the election of Darshan Singh (petitioner herein) as Member Panchayat, which was held on 26.05.2008. The said election petition was dismissed by the Election Tribunal vide order dated 01.12.2009 (Annexure P-2) on the ground of non-joinder of other candidates in the election, who were necessary parties to the election petition. However, election petitioner was given liberty to file fresh petition, if so desired, by complying with all the provisions of the Punjab State Election Commission Act, 1994. FAO No. 1638 of 2010, preferred against order Annexure P-2 of the Election Tribunal by election petitioner Karamjit Singh, was dismissed by this Court vide order dated 05.04.2010 (Annexure P-3). Thereafter, election petitioner filed fresh election petition dated 04.05.2010 (Annexure P-4). Elected candidate moved application (Annexure P-5) for dismissal of election petition (Annexure P-4) as second election petition on the same cause of action was not maintainable and also because the second election petition was filed after long delay.

(2.) Election petitioner, by filing reply (Annexure P-6), resisted application (Annexure P-5) moved by the elected candidate.

(3.) Learned Election Tribunal, vide impugned order (Annexure P-1), dismissed application (Annexure P-5) moved by the elected candidate. Feeling aggrieved, elected candidate has filed this revision petition.