KASHMIR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) WHETHER the Returning Officer appointed for the election of Sarpanch and Panches of Gram Panchayat, Khode Bet, Block and Tehsil, Dera Baba Nanak, District Gurdaspur (respondent No. 3) could change the entries recorded in Form-IX (Annexure P.2) showing the petitioner to have secured the higher valid votes and declare respondent No. 4 elected as Sarpanch of the Gram Panchayat is the question which arises for determination in this petition filed under Article 226 of the Constitution of India.

(2.) AFTER having worked as Sarpanch of Gram Panchayat, Khode Bet from 1998 to 2003, the petitioner filed nomination from for election to be held in the month of June, 2003. Respondent No. 4 was the only other candidate who remained in the fray on the date of election, i.e., 29.6.2003. At the end of counting, the petitioner was shown to have secured 358 valid votes as against 243 valid votes polled in favour of respondent No. 4. Accordingly respondent No. 3 declared the petitioner as elected for the post of Sarpanch and five other candidates as Panchas. Thereafter, he made entries in Form-IX as required by Rule 33 of the Punjab Panchayat Election Rules, 1994 (for short, 'the Rules'). A copy of Form-IX duly signed by him was handed over to the petitioner. It, however, appears that after the declaration of result and preparation of Form IX, respondent No. 3 revised the entries contained in that form and declared respondent No. 4 elected for the post of Sarpanch and on that basis, she was administrated oath of office on 27.7.2003.

(3.) IN the written statement filed by Deputy Commissioner-cum-District Electoral Officer, Gurdaspur, it has been averred that on receipt of a copy of the writ petition, the matter was got enquired into through Sub Divisional Magistrate, Dera Baba Nanak and appropriate action will be taken in accordance with law on the report submitted by him. A copy of the report prepared by Sub Divisional Magistrate, Dera Baba Nanak has also been annexed with the written statement.