KULWINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER , Kulwinder Kaur, has approached this Court through the present petition filed under Articles 226/227 of the Constitution of India. The prayer made in the petition is for the issuance of a writ of mandamus directing respondents No. 1 to 5 to declare the result of elections of the Gram Panchayat held on June 23, 2003, after counting the votes polled. A further direction has been sought that the respondents be restrained from taking a contemplated action of holding fresh elections in the village.

(2.) PETITIONER Kulwinder Kaur is resident of village Saloopur, Tehsil and District Gurdaspur.

(3.) THE petitioner accordingly filed her nomination for contesting the election for the post of Gram Panchayat. Polling was held on June 29, 2003, as per the election programme. The result of the aforesaid polling was to be declared on the same day i.e. June 29, 2003. The Presiding Officer had been appointed under the Act and the time for polling was fixed from 8.00 a.m. to 4.00 p.m. The claim of the petitioner is that the polling in the village went smoothly and there was absolutely no untoward incident, nor any interruption in the polling had taken place. However, the counting of the votes did not take place and was deferred. In fact, a letter was received by the Sub-Divisional Electoral Officer, Gurdaspur from the District Election Officer, Gurdaspur whereby the counting of votes in some of the villages, including the village Saloopur, was not to be held and the boxes were sealed and kept at safe place till the enquiry regarding votes was completed by the Commission. A copy of the aforesaid communication dated June 28, 2003 has been appended as Annexure P-2 with the present petition.