LAWS(P&H)-2024-11-102

CHAND SINGH Vs. STATE OF PUNJAB

Decided On November 07, 2024
CHAND SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Through the instant writ petition, the petitioner herein prays for the issuance of a writ of Certiorari for setting aside the impugned order dtd. 14/10/2024, whereby the elections for the post of Sarpanch of Gram Panchayat Dalia, Cluster No.8, Block Jagraon, District Ludhiana, has been cancelled just few hours before the start of polling, the same being illegal, arbitrary and against the principles of natural justice, as the petitioner has been condemned unheard, and is beyond jurisdiction. The petitioner further seeks a mandamus directing the official respondents to immediately hold the elections for the post of Sarpanch of Gram Panchayat Dalia, Cluster No.8, Block Jagraon, District Ludhiana, between the candidates (i.e. the petitioner and respondent No.8) whose nomination papers were validly accepted and election symbols were allotted by the Returning Officer.

(2.) Respondent No.3 prepared programme for conducting general elections of Gram Panchyats in the State of Punjab, which was published vide notification dtd. 27/9/2024.

(3.) The present petition pertains to the election for the post of Sarpanch of Gram Panchayat Dalia, Cluster No.8, Block Jagraon, District Ludhiana. Scrutiny of the nomination papers was completed on 5/10/2024. After scrutiny of nomination papers, as required under Sec. 41 of the Punjab State Election Commission Act, 1994, (hereinafter referred to as 'the Act of 1994'), respondent No.6 found four candidates to be eligible for the post of Sarpanch and pasted the list on the notice board/wall of the office. Those four candidates are I) the petitioner, II) respondent No.8, III) Karamjit Singh and IV) Jagjit Singh.