BALBIR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner, through this writ petition, is impugning the order dated 21.8.2009, Annexure P-8, passed by the State Election Commission, Punjab, vide which recommendation of the Deputy Commissioner-cum-District Electoral Officer, Ferozepur, which was based upon the findings given by the Election Observer, stands accepted and directions issued that petitioner, Balbir Singh, who was the Returning Officer alongwith two other officials, be placed under suspension immediately by the competent authority. It was further ordered that the petitioner shall not be reinstated without prior approval of the State Election Commission and a charge sheet for imposing major penalty be also served on him. The petitioner was further barred from appointment as Election Officer in Urban and Rural Local Bodies Elections in future. Vide impugned order, the Deputy Commissioner-cum-District Electoral Officer, Ferozepur, has been directed to initiate criminal action against the petitioner and two other officials, who have been, prima-facie, found guilty under the relevant election law and the Indian Penal Code.

(2.) Briefly, the facts are that the petitioner was working as a Sub Divisional Engineer in Water Supply and Sanitation (R.W.S.), Sub Division No.3, Ferozepur. He was appointed as a Returning Officer for the bye-elections of 11 Gram Panchayats in Mamdot Block, District Ferozpur, vide order dated 6.8.2009. He reported for duty at Mamdot Block at 11 A.M. on 11.8.2009 and received nomination papers of all the candidates, who approached him within the time specified i.e. 11 A.M. to 3 P.M., which was the last date of filing nomination. The candidates were informed that the scrutiny of the nomination papers will be conducted on 12.8.2009 in the Panchayat Office, Block Mamdot between 11 A.M. to 3 P.M. He conducted the scrutiny of the nomination papers and rejected some of them, which were not accompanied either by the scheduled caste certificate or residence proof or affidavits or no due certificates.

(3.) On 13.8.2009 i.e. the date of withdrawal of the nomination papers, a list of candidates, who were found eligible and had not withdrawn their candidatures, was prepared and forwarded to the Block Development and Panchayat Officer, Mamdot, District Ferozepur and a copy thereof was also affixed on the notice board of the Panchayat Office/Block Development Office, Mamdot.