DARSHAN SINGH Vs. LAKHWINDER SINGH AND OTHERS

JUDGEMENT

(1.) Mr. Vikram Satpal, Advocate, puts in appearance on behalf of respondent No.1.

(2.) Challenge in this appeal is to the order dated 04.12.2015 passed by the Presiding Officer, Election Tribunal, Moga, by which the election of the appellant has been set aside by observing that he is in possession of the land of the Gram Panchayat as a tenant.

(3.) Counsel for the appellant states that in the light of the judgment of the Supreme Court passed in case titled as Som Lal Versus Vijay Laxmi and others, 2008 2 RCR(Civ) 760, wherein it has been held that the provisions as contained under the Punjab State Election Commission Act, 1994, will be applicable to the elections of Gram Panchayat and the Municipal Corporation and thus, the disqualifications prescribed therein under Section 11 would have to be seen which do not refer to possession of the land of the Gram Panchayat as a tenant to be a disqualification. He, thus, contends that the order impugned cannot sustain and deserves to be set aside.