NIRANJAN KAUR Vs. CHARANJIT KAUR

JUDGEMENT

(1.) Elections to the office of Sarpanch in village Kotla Heiran, Tehsil Shahkot had taken place on 29.6.2003. The said seat was reserved for ladies out of General Category. Niranjan Kaur appellant and Charanjit Kaur alias Mandeep Kaur, respondent No. 1 (hereinafter to be referred to as Charanjit Kaur), had contested the elections against each other. Charanjit Kaur,respondent was declared successful. Thereafter, Niranjan Kaur filed Election Petition. The said petition was dismissed by the learned Presiding Officer, Election Tribunal, Jalandhar vide his order dated 18.8.2006.

(2.) Hence, the present appeal.

(3.) The submission of learned Counsel for the appellant was that Charanjit Kaur respondent had failed to appear before the Election Tribunal. She was proceeded against ex parte on 6.1.2005. She failed to appear even thereafter. The Presiding Officer, Election Tribunal, Jalandhar vide order dated 25.4.2005 set aside the election of Charanjit Kaur, respondent and declared the appellant elected as Sarpanch of this village. In pursuance of this order, the appellant had assumed charge of Sarpanch and her election as Sarpanch was also notified on 15.7.2005. As notification dated 15.7.2005 has not been set aside so far, therefore, impugned order dated 18.8.2006 passed by the Election Tribunal was illegal and be set aside.