GURCHAIN KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THROUGH this writ petition election of Smt. Raksha Rani, respondent No. 3, as a member of the Panchayat Samitti, Morinda, from zone No. 6 has been challenged as, according to the petitioner, no election in the eyes of law can be deemed to have been held.

(2.) BRIEFLY , the facts leading to the filing of the present writ petition may be noticed. Vide Notification dated August 30, 1994, in exercise of powers conferred under Sections 100 and 102 of the Punjab Panchayati Raj Act, 1994 (hereinafter called the Act) and other powers enabling in that behalf, Governor of Punjab issued a Notification notifying the election areas for the election of Panchayat Samittis of district Roop Nagar. Zone No. 6 for the Panchayat Samitti Roop Nagar was to be known as "Chanalon", which was reserved for women. Zone No. 6 comprised of 14 villages out of which one was village Chanalon.

(3.) THE nomination papers for election to zone No. 6 of the Panchayat Samiti were filed on September 17, 1994; withdrawal of nomination papers was by September 19, 1994; the allotment of symbol was done on September 20, 1994; the election took place on September 30, 1994; and the result of the election was declared on October 1, 1994. Apart from the petitioner, Smt. Raksha Rani, respondent No. 3; Smt. Kamaljit Kaur, respondent No. 5, and Smt. Gurdev Kaur, respondent No. 6, were contestants for the election from zone No. 6. It may be observed here that according to the petitioner, respondent No. 3 smt. Raksha Rani is a resident of village Chanalon and is a voter from that village. She was declared elected having secured maximum votes (1616). Petitioner secured 1326 votes, whereas respondents No. 5 and 6 secured 900 and 452 votes respectively. However, in the written -statement, the above respondents are said to have secured 1699, 918, 675 and 464 votes respectively, whereas petitioner secured 1315 -votes.