SURJIT KAUR Vs. RAJWANT 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 Rajwant Kaur-respondent No.1 has been allowed and she has been declared as Panch from "General Woman Category".

(2.) Briefly, the facts of the case are that General Elections of Gram Panchayat, Village Bulepur, Tehsil Khanna, District Ludhiana were held on 26.5.2008. The present appellant filed her nomination papers under category of Panch (General Woman), whereas, respondent No.1 filed her nomination papers under category of Panch (General) without mentioning the word 'woman' or 'lady in that column. In the election, the appellant was declared elected from category of Panch (General Woman) and respondent No.1-Rajwant Kaur from the category of Panch (General). Respondent No.1 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 (General Woman) is wrong, illegal, arbitrary and void ab initio. A prayer was also made for setting aside election and for declaring her as return candidate under the category of Panch (General Woman). The Election Petition was allowed in favour of respondent No.1 and she was declared as Panch from the category of General (Woman).

(3.) The appellant challenged the said order of the Election Tribunal before this Court by way of filing FAO No. 5623 of 2009, which was allowed and order dated 20.10.2009 passed by Election Tribunal was set aside and the matter was remanded back to the Election Tribunal to decide election petition again in accordance with law. Subsequent to the orders passed by this Court, the Tribunal has 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.