BAWA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners seek issuance of a writ of certiorari quashing Annexures P -2 and P -3 as well as writ of mandamus seeking direction to the respondents to hold the election of Gram Panchayat in accordance with the election programme Annexure P -1 and also a restrain order against the respondents directing them not to allow the bogus voters shown in Annexure P -6 to vote or grant of such appropriate writ, order or direction as the Court may deem fit and proper in the peculiar circumstances of the present case.

(2.) According to the petitioners, election programme was published stipulating the date for nomination of Panch/Sarpanch, date for objection, if any, withdrawal of nomination, allotting of election symbol, holding of election on a particular date and declaration of result etc. According to the schedule, nomination was to, be submitted on 29.9.1994 and after scrutiny, withdrawal etc., the election was to be held on 13.10.1994. Pursuance to the notification issued by the concerned authorities, the petitioners submitted their nomination papers like others. It is subsequently that Punjab State Election Commission vide communication addressed to Additional Deputy Commissioner, Annexure P -3, suspended the election programme invoking the provisions of Sec. 35 of Punjab State Election Commission Act, 1994, thereby stalling the process of election already set in motion. This was presumably done on account of decision of this Court in CWP No, 2749 of 1993 as therein a direction was issued that election of the gram panchayat be held on the basis of the electoral rolls as in existence on the date of filing of nomination papers i.e. January 21,1993 and not on the basis of the electoral rolls which came into existence thereafter. Feeling aggrieved by this decision, the petitioners approached the Additional Deputy Commissioner, Faridkot, and submitted that there has been inclusion of bogus voters as shown in Annexure P -6 and so prayed that their names be deleted before election is held. With these broad averments, the petitioners sought a direction from the Court that election be held as per election programme, Annexure P -1, prepared under the Punjab Panchayati Raj Act, 1994 and the respondents be further restrained by not allowing the bogus voters as shown in Annexure P -6 included in the voter list prepared in the year 1988 -89.

(3.) Pursuance to the notice of motion issued by the Court, the respondents put in appearance and filed written statement. Gurdial Singh, added respondent, also filed written statement. Respondents No. 1 to 4 in their short reply in the form of affidavit of Sh. Kishan Singh, PCS. stated that election has already been held in compliance with the order of the High Court and hence the present petition is not maintainable. Other material averments made in the petition were replied in the corresponding paragraphs of the written statement. It was prayed that there was no substance in the writ petition and the same may be dismissed.