DWARKA DASS Vs. HARJIT KUMAR

JUDGEMENT

(1.) THIS appeal under section 100 of the Punjab State Election Commission Act, 1994 (for short, the Act) is directed against the order of the Election Tribunal, Patiala whereby the election petition filed by Harjit Kumar respondent was allowed and the election of the appellant as President of Nagar Panchayat Patran (hereinafter called the Committee) was set aside.

(2.) FACTS giving rise to this appeal lie in a narrow compass and are as under : Municipal area of the committee was divided into thirteen wards and elections thereto were held some time in November, 1994. Thirteen ward members including Dwarka Dass appellant and Harjit Kunrar respondent were elected. Since the area of the committee was a part of Ghagga Assembly constituency, the M.L.A. of that constituency was also an ex -officio member of the committee. The first meeting of the committee was fixed for 16.12.1994 at 4.00 P.M. in which the President and Vice President were to be elected. Accordingly, notice was issued by the Convener (respondent No. 2 herein) to all the members of the committee and at the time fixed for the meeting the appellant and respondent No. 1 contested the election for the office of President. The M.L.A. of Ghagga failed to turn up but all other members were present and they cast their votes. The appellant secured seven votes whereas Harjit Kumar respondent polled six votes. One vote in favour of the appellant was declared invalid as a result whereof both the candidates polled six valid votes each. Since the number of votes polled by both the candidates were equal, the Returning Officer decided the result of the election by draw of lots in terms of Section 68 of the Act read with Rule 5 of the Punjab Municipal (President and Vice President) Election Rules, 1994 (referred to hereinafter as the Rules). As a result of the lots so drawn the appellant was successful and he was, therefore, declared elected as President of the committee. Harjit Kumar respondent challenged the election of the appellant by filing an election petition before the Election Tribunal Patiala on various grounds. It was alleged that the Returning Officer committed the following irregularities which materially affected the respondent in his election;

(3.) THE election petition was filed on 17.12.1994 and notice was issued to the appellant herein for 3.1.1995. On this date the appellant put in his appearance and sought an adjournment for filing his reply. The case was adjourned to 5.1.1995 on which date the Election Tribunal after hearing counsel for both the parties decided the petition without recording their evidence. The Election Tribunal had the original record of the proceedings of the first meetings of the committee and Nagar panchayat, Ghagga before it and since the points raised in the election petition, according to the Tribunal, could be disposed of by a reference to the official record, the Tribunal did not think it necessary to receive any other evidence.