JASBIR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, a candidate for election as Member of the Panchayat Samiti Naushehra Pannuan, District Amritsar, complaints that no election can be said to have taken place as the symbol of 'Bell' allotted to her was not printed on the ballot paper. She consequently, impugns the election of respondent No. 4.

(2.) In response to the notice of motion issued by this Court, two separate written statements have been filed on behalf of the respondents. For the official respondents, the written statement has been filed by Mr. G.S. Brar, who was the Returning Officer. Besides a preliminary objection regarding the maintainability of the writ petition on the ground that the petitioner has an effective alternative remedy by way of an election petition, it has been averred that the petitioner had polled 615 votes and as such no prejudice can be said to have been caused to her by the alleged indecipherable printing of the symbol. It has been further stated that the petitioner had been campaigning for her election and had issued a poster, a copy of which has been produced as Annexure R-1. On this poster she had indicated that her symbol was a 'bird' which in the local dilect is described as 'Chira'. It has been further pointed out that "the symbol was clear. No complaint was made by the petitioner or any of the voters at the time of election. The result was declared on the basis of votes received by the candidates". To a similar effect is the written statement filed on behalf of the Returned candidate viz. Respondent No.4.

(3.) We have heard learned counsel for the parties. The short question that arises is - Can an election be said to be valid in spite of the fact that the symbol allotted to a candidate is not printed on the ballot paper?