SURINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution of India. The petitioner came to this Court on 18/01/1993 and filed the present petition. The dispute is in regard to the election of Gram Panchayat Village Dialgarh, District Gurdaspur. The petitioner's allegations are that she had filed the nomination paper on 17/01/1993 but her nomination paper was torn away by some police officer present there. Her further allegation was that her husband Ravel Singh had been arrested by respondent No. 6, namely, Inspector Ajaib Singh in the morning to pressurise the petitioner so that she may not submit her nomination paper. In the petition, it is further averred that an application was made by her on 17/01/1993 to the Additional Deputy Commissioner requesting him to take necessary action as her nomination paper had been torn away. In this regard, the petitioner relied upon rule 14-A of the Gram Panchayat Election Rules, 1960 (hereinafter called the Rules).

(2.) On 18/01/1993, when this petition was filed, ad interim order was passed by this court directing that until further orders, the result of the elections shall not be declared. The effect of this order was that the polling was to continue but the result of the election was not to be declared. The said order was to be communicated to respondents Nos. 4 and 5 telegraphically. Dasti orders were also given to the petitioner. Immediately thereafter, the stay order of this Court was communicated to the authority concerned and the petitioner claims to have communicated the order at 2.50 p.m. on 18/01/1993. According to the case of the respondents, the stay order came to the notice of the Returning Officer at 3.50 p.m. In order to ascertain this fact, during the hearing of the petition on 3/08/1993, we directed the learned A. G. Punjab, to produce the original record of the election in dispute on 18/08/1993. On Au 18/08/1993, the record was not produced due to the strike of the P. C. S. Officers. Consequently, the case was adjourned and it was fixed for today, namely, 13/09/1993. Today, the record has been produced by the learned A. G. Punjab.

(3.) The record is contained in a sealed box. The seal was broken in our presence and one big envelope was taken out from the box. This big envelope also contained seven small envelopes. One of the small envelopes on which it is written " Presiding Officer's Diary, Dialgarh" was opened by us. After a perusal of the record, this envelope along with the big envelope has again been sealed with the seal of the Additional Registrar of this Court and put in the box. The said box has also been again sealed by the seal of the Additional Registrar of this Court. The keys have also been sealed in the presence of the counsel for the parties. The sealed box has been taken back by the A. G. Punjab. There was nothing on the record to establish as to when the poll came to an end. The ballot boxes were found sealed which prima facie shows that the polling had concluded.