JASPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jaspal Singh clamours for setting aside the order, Annexure P.3 dated May 7, 1992 passed by the Regional Deputy Director, Local Government, Amritsar vide which findings on preliminary issues framed in election petition preferred by respondent No. 3 were found to have no substance and vide which as well the parties were thereafter to lead evidence.

(2.) The brief facts giving rise to the present petition require to be noticed first.

(3.) The petitioner was duly elected as Councillor from Ward No. 20 of the Municipal Corporation of Amritsar. Respondent Nos. 3 to 8 were also aspiring to be Councillors from the same very ward and were contesting candidates in the election held on 28.4.1991. The names of all the persons elected as Councillors in the election including that of the petitioner were published by the Director in the official gazette on 2.5.1991. Respondent No. 3 Jagjit Singh, however, challenged the election of the petitioner by way of election petition which was presented before the Deputy Commissioner, Amritsar the Authority prescribed under Section 18 of the Punjab Municipal Corporation Act, 1976 . The Deputy Commissioner sent the election petition aforesaid to the Secretary, Local Bodies Department of Punjab State and the State of Punjab then sent the said election petition to respondent No. 2 i.e. the Regional Deputy Director, Local Government, exercising the powers of Prescribed Authority at Amritsar for disposal. When the petitioner in response to the notice issued to him in the election petition aforesaid appeared before respondent No. 2, he raised a number of preliminary objections which for ready reference may be reproduced as under :