HARNEK SINGH Vs. JASWANT SINGH

JUDGEMENT

(1.) THIS appeal has been filed by Harnek Singh (returned candidate) against the order dated 9.12.2004, passed by the Additional Election Tribunal, vide which the election petition filed by Jaswant Singh (Election Petitioner) was allowed, the election of Harnek Singh (returned candidate) as Sarpanch of Gram Panchayat, Jaukarian, was set aside and Jaswant Singh (Election Petitioner) was declared elected in place of Harnek Singh, as Sarpanch.

(2.) WHILE accepting the Election Petition filed by Jaswant Singh challenging the election of Harnek Singh, as Sarpanch of Gram Panchayat, Jaukarian, it was found by the Additional Election Tribunal that at the time of election Harnek Singh was working as Grameen Dak Sewak (Mail Carrier) in the Department of Posts and Telegraphs, Union of India and being a Grameen Dak Sewak, he was a government employee and thus he was disqualified to contest the election of Sarpanch, as provided under Section 11(g) of the Punjab State Election Commission Act, 1994 (hereinafter referred to as the Act). Furthermore, while setting aside the election of Harnek Singh as Sarpanch and declaring Jaswant Singh, Election Petitioner as elected Sarpanch of Gram Panchayat, Jaukarian, the Additional Election Tribunal had placed reliance on the provisions of Section 90 of the Act, since no material had come on the record which rendered him (Jaswant Singh) unfit to hold office of Sarpanch.

(3.) HOWEVER , I find no force in this submission of the learned counsel for the appellant. Chapter IV of the Act deals with disqualification for membership of a Panchayat or a Municipality. Section 11 (Part of Chapter IV) of the Act provides that a person shall be disqualified for being chosen and for being a member of a Panchayat or a Municipality xxx "(g) if he holds an office of profit under the Government of India or any State Government" and xxx Under Section 12 of the Act, it is provided that if any question arises as to whether any member of any Panchayat or Municipality has become subject to any of the disqualifications specified in Article 243F or 243V of the Constitution of India or under Section 11 of the Act, the question shall be referred for decision of the State Government and its decision shall be final. It is further provided that before giving any decision on such question, the State Government shall obtain the opinion of the Election Commission and shall act according to such opinion.