SURJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE seat of Sarpanch of village Mukaam, Tehsil Ajnala, District Amritsar was reserved for Scheduled Caste (Woman). The petitioner being Schedule Caste, was eligible for the same and she filed her nomination papers along with requisite certificate for the post of Sarpanch. The elections were declared to the Panchayat of the said village by the State of Punjab in June, 2003. Except the petitioner nobody filed the nomination papers for the post of Sarpanch. There was certain discrepancy in the name mentioned in the caste certificate and the voter list which was filed by the petitioner. Consequently, her nomination papers were also rejected by the Election Officer and no election to the post of Sarpanch of that village could take place. Declaration was made by the State for holding the elections in December, 2003. The petitioner again submitted her nomination papers along with requisite certificate. According to the petitioner they were found to be in order. On 21.12.2003 the election schedule had been published and in terms thereof result of the election was to be declared on 21.12.2003. The petitioner was the only candidate who remained in the process of election after scrutiny of nomination papers. On 6.2.2004 the Additional Deputy Commissioner, Amritsar visited the village and further process was installed in view of the representations received from various persons belonging to the Scheduled Castes, in respect of the certificate furnished by the petitioner. Though the respondents found the certificate to be proper and valid still she was not declared elected, instead the respondents declared that fresh election should be held in December, 2003. Fresh election was ordered to be held on 22.2.2004 for which the petitioner again filed her nomination papers along with other candidates, namely, Smt. Amarjit Kaur and Jagir Kaur, both belonging to Scheduled Castes. According to the petitioner both these candidates belong to Christian community and were not eligible to contest against the said seat. The grievance of the petitioner is that they obtained false certificate and contested the election. The petitioner made representations including on 11.2.2004, Annexure P/3, raising a grievance with regard to the eligibility of these persons and also to the effect that she belonged to Majhabi Sikh community which is Scheduled Caste category. According to the petitioner she should have been declared elected in pursuance to the election programme published on 21.12.2003, Annexure P/1 to the writ petition and she should be declared to be elected for the post of Sarpanch under the provisions of Punjab State Election Commission Act, 1994.

(2.) UPON notice, reply has been filed on behalf of respondent No. 6, wherein it is stated that both the private respondents were fully eligible and in fact, respondent No. 7 had withdrawn her nomination and the election was held between the petitioner and respondent No. 6. Respondent No. 6 has since been elected as Sarpanch, the very maintainability of this petition is questioned on the ground of an alternative remedy under the provisions of statute by filing an election petition. In regard to the other reliefs claimed in the writ petition, it is stated that the election of the village was cancelled by order of the Deputy Commissioner dated 20.12.2003. The State Election Commission is stated to have looked into the matter and made out a notification dated 9.2.2004 where it was found that the name of the petitioner was corrected in back date without payment of necessary fee at the relevant time and after the last date of filing of nomination papers and as such the election process was stated to have been vitiated and resultantly fresh election programme was furnished by the Election Commission vide the same letter in which the petitioner had filed nomination, contested the election and lost the same.

(3.) AT the very out-set we may notice that the petitioner has not challenged in this writ petition the decision taken by the Deputy Commissioner on 20.12.2003 as well as the order passed by the Election Commission dated 9.2.2004. The order passed by the Election Commission dated 9.2.2004 is a reasoned order which contains all the pleas which have been taken by the respondents in their respective replies. An opportunity was granted. The Commission has formed an opinion that the election process stands vitiated. The relevant part of the finding is as under :-