KULDEEP KAUR Vs. JARNAIL KAUR AND OTHERS

JUDGEMENT

(1.) The present appeal has been filed against order DATED 30.6.2011 passed by the Presiding Officer, Election Tribunal-cum-Sub Divisional Magistrate, Payal, vide which the election petition filed by Jarnail Kaur-respondent No.1 has been allowed and she has been declared elected as Panch from "SC Woman Category" Briefly, the facts of the case as mentioned in the appeal are that elections for five posts of Panches of Village Bulepur, Tehsil Khanna, District Ludhiana were held on 26.5.2008. The present appellant filed her nomination papers under the category of "Panch (SC Woman)", whereas, respondent No.1-Jarnail Kaur filed her nomination papers under the category of "Panch (SC)" without mentioning the word 'woman' or 'lady' in that column. In the election, the appellant was declared elected from category of Panch (SC Woman). Respondent No.1-Jarnail Kaur filed an Election Petition under Section 76 of Punjab State Election Commission Act, 1994 seeking a declaration to the effect that election of appellant in the category of "Panch (SC Woman)" is wrong, illegal, arbitrary and void ab initio. A prayer was also made for setting aside the election and for declaring her as returned candidate under the category of "Panch (SC Woman)". The Election Petition filed by respondent No.1-Jarnail Kaur was allowed in her favour vide order dated 28.10.2009, which was challenged before this Court by way of filing FAO No. 5622 of 2009, wherein, notice of motion was issued and status quo was also granted at the initial stage, which continued till final disposal of the said appeal and ultimately the appeal was allowed and order dated 28.10.2009 passed by Election Tribunal was set aside. The matter was remanded back to the Election Tribunal to decide election petition afresh in accordance with law. Subsequent to the orders passed by this Court, the Tribunal had heard the matter again and vide order dated 30.6.2011 allowed the election petition, which is subject matter of challenge in the present appeal.

(2.) Learned counsel for the appellant has challenged the impugned order of learned Tribunal on the ground of maintainability as respondent No.1-Jarnail Kaur filed her nomination papers under the category of "Panch (SC)" and hence she cannot be declared elected under the category of "Panch (SC Woman)" and only the appellant was there who filed her nomination papers under the category of "Panch (SC Woman)" and she was liable to be declared elected in that category. Learned counsel also submits that at the most it can be an irregularity committed by the officials in the election process but it cannot be a ground for declaring respondent No.1 elected from a category other than which was mentioned in her nomination papers.

(3.) Learned counsel for respondent No.1 submits that order passed by the learned Tribunal is well reasoned one and the same is based on facts and evidence and no interference is required by this Court.