BALDEV SINGH Vs. MOHAN SINGH AND ORS.

JUDGEMENT

(1.) This appeal was preferred against the order passed on 24.12.2014 by the Election Tribunal, Nawanshehr ("Tribunal" for short). The petitioner there, respondent No. 1 herein, has challenged the election of the present appellant as Sarpanch of village Sajjowal. Respondent No. 1 herein rested his claim before the Tribunal on the ground that the appellant had contested the election by concealment of facts because if he had disclosed the facts, he would not even have qualified to file nomination papers. A criminal case by way of FIR No. 66 dated 6.8.2009 at Police Station Balachaur was registered against him regarding which charge sheet was submitted by the police and trial was pending at the time nomination papers were filed. Not only that, another case by wav of FIR No. 58 dated 9.2.2008 under Sections 419, 420, 468, 471 IPC and Section 12 of the Passport Act was registered against the appellant in which case he was released on probation but fine of Rs. 20,000/- was imposed on him.

(2.) The appellant admitted before the Tribunal that there were criminal cases against him, one of which was pending and in the other, fine had been imposed on him apart from releasing him on probation. All this, he admitted in his statement before the Tribunal. However, in his reply to the petition, he submitted that he had never been convicted and also did not disclose the pendency of one criminal case against him.

(3.) Finding that the appellant was disqualified to contest the election, the Tribunal set aside the election of the present appellant and declared elected the petitioner before it i.e. respondent No. 1 herein, as the Sarpanch.