MANJIT KAUR Vs. BHUPINDER KAUR ETC

JUDGEMENT

(1.) The present appeal has been filed against the Order dated 26.08.2009 passed in Election Petition under Sections 74 to 77, 79 and 90 of Punjab State Election Commission Act, 1994, vide which, the election petition filed by the respondents was accepted and the election of present appellant was set aside.

(2.) Briefly the facts of the case are that the appellant as well as respondent No.1 contested the election of Gram Panchayat Thikriwala which was held on 22.06.2008. The appellant was declared elected. However, the respondent No.1 challenged the election of present appellant before the Election Tribunal (Deputy Commissioner), Barnala by filing petition under Sections 74 to 77, 79 and 90 of the Punjab State Election Commission Act, 1994. Vide Order dated 26.08.2009, the election petition was allowed and the election of present appellant was set aside.

(3.) Notice of motion was issued on 24.09.2009 and operation of the impugned Order was also stayed. Learned counsel for the appellant has challenged the impugned Order passed by the Tribunal mainly on the ground that certain votes were liable to be cancelled but the same were not cancelled and were counted valid votes in favour of respondent candidate and objections were also raised with regard to maintainability of the election petition but the same were not considered. Learned counsel also submits that the election petition filed by respondent No.1 was not maintainable as it was not presented in view of provisions of law i.e Sections 76 and 80 of the Punjab State Election Commission Act, 1994 (for short, 'the Act') and the election petition was not signed by the candidate, whereas, it should have been signed on each and every case. As per Section 76 of the said Act, the petition has to be signed and attested by the election petitioner and copy supplied to the respondent candidate is also to be signed and attested by the election petitioner under his signature.