GURSEWAK SINGH Vs. SANDIP SINGH AND ORS.

JUDGEMENT

(1.) The appeal is filed against the order of the Election Tribunal, Bathinda passed on 11.11.2014, whereby respondent was declared elected as Panch of Gram Panchayat, Faridkot Kotli, Ward No.7, Block Sangat, District Bathinda. The appellant, who contested the election and was declared defeated, came in appeal.

(2.) Learned counsel for the appellant argued that the short ground alone, on which the appeal was liable to be allowed and the impugned order set aside, was that the election petition had not been presented in person by respondent Sandeep Singh. It was submitted that according to Section 76 of the Punjab State Election Act (Act for short), the petition was required to be presented in person and Section 80 of the Act provided that an Election Tribunal was bound to dismiss the petition if it was not so presented. In the present case, it came in evidence that the petition was not presented by respondent No.1 in person and rather it was filed through counsel Mr. Sukhdeep Singh. Counsel for the appellant referred to the cross examination of respondent No.1, where he admitted that the election petition was filed for him by Sukhdeep Singh Sidhu. It was stated that since there was admission on the part of respondent No.1 that the petition was not presented by him, the same was liable to be dismissed.

(3.) Learned counsel for the contesting respondent, on the other hand, argued that in reply to the petition, no objection was taken by the appellant that the petition was liable to be dismissed as it was not presented personally by the petitioner Sandeep Singh and also no specific question was put to him in the cross examination that he had not presented the petition himself or that he was not even present there.