SUKHVEER SINGH Vs. NACHHATTAR SINGH

JUDGEMENT

(1.) The present revision petition, preferred under Article 227 of the Constitution of India, assails the order dtd. 21/1/2025 (Annexure P-5), passed by the Presiding Officer, Election Tribunal, Moga vide which the application filed by respondent No.1 (Nachhattar Singh) for impleading respondents No.4 to 9 (herein) as respondents in the election petition was allowed.

(2.) Elections for the post of Sarpanch of Gram Panchayat, Village Malianwala, District Moga were held on 15/10/2024. The petitioner (Sukhveer Singh) was elected as Sarpanch leading to the filing of an election petition (Annexure P-1) under Sec. 74 of the Punjab State Election Commission Act, 1994 (hereinafter referred to as 'the 1994 Act') by respondent No.1 Nachhattar Singh. The said petition was opposed by way of a reply (Annexure P-2) by the present petitioner.

(3.) An application (Annexure P-3) came to be filed by respondent No.1 for impleading respondents No.4 to 9 as parties/respondents in the election petition. It was averred in the application that the presence of the persons sought to be impleaded was essential for the decision of the case. The said application was opposed by way of a reply (Annexure P-4). It was averred that an aggrieved person has the right to file the election petition within 45 days from the date of declaration of results and can implead the parties at that time. It was averred that thereafter no person can be impleaded. Dismissal of the application was, therefore, prayed for. The said application was allowed vide the impugned order dtd. 21/1/2025 (Annexure P-5) leading to the filing of the present revision petition.