GURMEET KAUR Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) Through the instant writ petition, the petitioners herein pray for the issuance of a writ of Certiorari, thus for setting aside the impugned order dtd. 11/10/2024 (Annexure P-8), whereby the election(s) of Zones 1 to 5 of Block Gidderbaha, District Sri Muktsar Sahib for the post of Sarpanch, has been cancelled, by respondent No.1, inter alia on the ground that the same is illegal, arbitrary and against the principles of natural justice.

(2.) In terms of notification dtd. 19/9/2024 issued by respondent No.8, general election of members of Gram Panchayats were notified to be held by 15/10/2024. Subsequently, in terms of notification dtd. 27/9/2024 issued by respondent No.1, programme for the said elections was notified.

(3.) In all zones i.e. zone Nos.1 to 5 of Block Gidderbaha, District Sri Muktsar Sahib the petitioners were declared as the winning candidates as Sarpanches of their respective Gram Panchayats, being the only candidates available vide Form No.5 issued by the Returning Officer, thus in terms of Rule 13 of the Punjab Panchayat Election Rules, 1994 (hereinafter referred to as the 'Rules of 1994'). In Zone No.1 of Gidderbaha, the Returning Officer issued Form No.5 in terms of Rule 13 of the Rules of 1994. The said Form No.5 depict petitioner Nos.1 to 4 as the only contesting candidates for the respective villages. Similarly in Zone No.2, Form No.5 was issued, wherein depict petitioner Nos.5 to 9 as elected through 'Sarab Samiti'. In zone No.3 the Returning Officer issued lists of villages Bharu and Kothe Himmatpura depicting petitioner Nos.10 and 11, as the successful candidates without contest. In Zone No.4, Form No.5 was issued by the Returning Officer qua villages Bhunder and Lundewala depict petitioner Nos.12 and 13 as the successful candidates without contest. In Zone No.5, Form No.5 was issued by the Returning Officer of villages Smagh, Mannian Wala, Sekha, Khunnan Khurd, Madhir and Buttar Bakhuan, which depict petitioner Nos.14 to 19 as the successful candidates without contest.