BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BALBIR Singh and two others who had contested for the offices of Sarpanch and Panches of Gram Panchayat, Kukarpind, District Jalandhar seek a declaration of result of election held on 18-1-1993. They further pray for restraining the respondents from taking contemplated action of holding fresh elections in the said village, through present petition filed by them under Arts. 226/227 of the Constitution of India.

(2.) THE facts on which the directions, as noticed above, have been demanded reveal that petitioner No. I contested for the office of Sarpanch, petitioners Nos. 2 and 3 contested for the office of Panches of Gram Panch Kukarpind, District Jalandhar. The election for the Gram Panchayat was held in the month of January, 1993. The publication for the election, as required under the Punjab Gram Panchayat Act (hereinafter to be referred as the Act, and the Punjab Gram Panchayat Election Rules. 1960 (hereinafter to be referred as the Rules) was made. Nominations were invited and filed on 17-1-1993 and the elections were to be held on 18-1-1993. According to the election programme, the result of the election was to be declared on the same very day i. e. on which the election was held. The Deputy Commissioner had appointed a Presiding Officer for the polling booth of village Kukarpind and the elections were held from 8. 00 a. m. to 4. 00 p. m. on the date fixed. A total number of eight Panches were to be elected excluding the Sarpanch.

(3.) AS made out from the petition, Balbir Singh is stated to be belonging to Akali faction and is senior Vice-President of Shiromani Akali Dal. He contested General Assembly Elections held in 1990 at Jalandhar which is stated to be the constituency of the present Chief Minister. It is further averred that one Kasturi Lal had contested for the office of Sarpanch and is very close to Chief Minister of Punjab Shri Beant Singh. The contestant of petitioner was, thus, supported by the Congress party. It is further averred that in the State of Punjab, the Congress party had taken a decision that no person other than persons belonging to Congress party would be allowed either to contest or would be elected in the elections especially for the office of Sarpanch. The polling that took place on 18-1-1993 was stated to be peaceful and there was no incident worth reporting. The voters of the village, according to their conscience, had voted without any fear or favour. However, at about 3-00 p. m. i. e. just an hour before the close of the polling, the Deputy Commissioner accompanied by the Sub Divisional Magistrate and the Senior Superintendent of Police visited the spot and met the presiding officer of the polling station. The Deputy Commissioner directed the polling officer so as not to declare the result if the Congress candidate could not secure majority. It is further averred that when the election was over, the Presiding officer had counted the votes, according to which Balbir Singh, petitioner No. I had polled 713 votes whereas respondent No. 4 who was contesting against him had polled only 308 votes. Similarly, Mohinder Singh, petitioner No. 2 had polled 201 votes whereas Gursaran Singh petitioner No. 1 had polled 215 votes. The Presiding Officer submitted his report to the Deputy Commissioner on 18-1-1993 which clearly supports the averments of the petitioners with regard to polling of number of votes, as has been mentioned above. More than 15 days had gone by but the result of the election was not declared. It is further averred that the petitioners met the Deputy Commissioner and apprised him of the lapse but the Deputy Commissioner refused to listen to their genuine demands. Not only he refused to consider the request of the petitioners but even told them about cancellation of election and holding of fresh election. It is in these facts that the petitioners pray for issuance of various directions to the respondents as have been indicated in the earlier part of the judgment.