KRISHAN CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition, a prayer for setting aside of the nomination of respondent No. 5 as a co-opted member of Municipal Committee, Faridkot has been made. In the written statement filed on behalf of the respondent, a preliminary objection regarding the maintainability of the petition has been raised. It has been inter-alia pleaded that the petitioner has an effective alternative remedy by way of a petition under Rule 52 of the Punjab Municipal Election Rules, 1952. Additionally, it has also been averred that the petition raises disputed question of fact which cannot be gone into by the writ Court. Reference has also been made to the decision of a Division Bench of this Court in Civil Writ Petition No. 13525 of 1992 (Inder Sain v. Punjab State) to show that in almost similar circumstances, the petitioner therein was relegated to the remedy of election petition.

(2.) After hearing the learned counsel for the parties, it appears to be appropriate to relegate the petitioner to the remedy of an Election Petition. It is, however, clarified that if the election petition is filed within 15 days from the day of preparation and supply of the certified copy of this order the respondents will not raise the objection of limitation and the prescribed authority shall decide the matter in accordances with law and shall not dismiss the petition only on the ground of limitation.

(3.) Keeping in view the fact that respondent No. 5 had initially described himself as a Rehgar and later on he has claimed to be Balmiki, it appears to be appropriate to direct that he will not be entitled to vote for election to the office of the President of Municipal Committee till the decision of the election petition. The interim order passed on October 5, 1992 by J.S. Sekhon, J., shall continue till the final disposal of the election petition.