BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE only point canvassed before us in this appeal under Clause X of the Letters Patent is whether the Deputy Commissioner was competent to adjourn the poll under Rule 14a of the Punjab Gram Panchayat Election Rules, 1960 (as amended up to dale and hereinafter called 'the Rules') after the same was over.

(2.) ELECTIONS to the Gram Panchayat, Kukarpind at Jalandhar east block, Tehsil Jalandhar were held on January 18, 1993. As per the election programme framed by the Deputy Commissioner nomination papers were required to be filed on January 17, 1993 and the polling, if any, was to be held on the following day. The result of the election was also to be declared immediately after the counting of votes was over on January 18, 1993. Appellant No. I filed his nomination papers and contested for the office of Sarpanch whereas the other two appellants contested for the office of a panch. The case of the appellants who were the writ petitioners before the lerned single Judge is that polling was held in the village from 8. 00 a. m. to 4. 00 p. m. on the date fixed. It is not disputed that voting did not proceed smoothly as it was marred by disputes and unruly behaviour of the rival contesting candidates and that this process of mutual recrimination and intermit-tant disputes resulted in a major dispute at about 10. 00 a. m. When a person was caught trying to vote by impersonating for another. This incident is stated to have resulted in almost a pandemonium and the situation became so tense that the Presiding Officer decided to close down the polling both for about half an hour at 10. 00 a. m. The Block Development and Panchayat Officer Jalandhar east block was sent to the spot who immeditely reported the matter to the Sub Divisional Officer (Civil), Jalandhar who also visited the polling station subsequently. Both these officers submitted their reports to the Deputy Commissioner. The Station House Officer, Police Station Sadar Jalandhar also intervened and sent more police force with a view to control the situation. Even though the Sub Divisional Officer (Civil) resumed the voting but polling as found by the Deputy Commissioner on the basis of the reports received by him, did not continue in an atmosphere of normalcy. A large number of voters are alleged to have gone back during the period the polling booth was closed by the Presiding Officer and some of the contesting candidates were unhappy with the conduct of polling and demanded an adjournment. They met the Deputy Commissioner at Jalandhar and voiced their grievance. Shri Kasturi Lal respondent No. 4 who was one of the contesting candidates for the office of Sarpanch made allegations that the Presiding Officer was siding with appellant No. 1 who was his close friend and with whom he stayed the previous night. It was also alleged that the ballet boxes had been tampered with during the period when the polling booth was closed. The complaints to this effect were made to the Deputy Commissioner in writing. Apprehending that the situation might not take an ugly turn, the Deputy Commissioner along with the Senior Superintendent of Police also visited the polling booth at about 3. 00 p. m. and after making enquiries on the spot he verbally directed the Presiding Officer not to declare the result of the election. When the polling was over at 4. 00 p. m. the Presiding Officer proceeded to count the votes and according to the appellants they polled the maximum number of votes and were entitled to be declared elected in terms of Section 6 of the Punjab Gram Panchayat Act, 1952 (for short, 'the Act') to the respective offices for which they contested elections. The Presiding Officer, however, did not declare the result.

(3.) IN view of the complaints received and the reports submitted by the Block Development and Panchayat Officer and the Sub Divisional Officer (Civil), the Deputy Commissioner referred the matter to the State Government for advice. Since the advice given by the State Government was not very specific the Deputy Commissioner proceeded to act on his own and adjourned the poll as per his order dated January 24, 1993 the relevant part of which reads as under : -.