SHAM LAL Vs. STATE ELECTION COMMISSION CHANDIGARH

JUDGEMENT

(1.) A short but important question which arises for adjudication in this petition is whether the Election Tribunal constituted under the Punjab State Election Commission Act, 1994 (hereafter referred to as '1994 Act') has power to restrain elected representatives from assuming office.

(2.) Shri Nanak Singh was declared elected as Sarpanch of Gram Panchayat, Bhudha Theh, Tehsil Baba Bakala, Block Raiya, District Amritsar in the election held in the year 1992. Sometime in the year 1995 Shri Nanak Singh resigned from the office of Sarpanch. Election to fill the casual vacancy caused in the office of the Sarpanch due to the resignation of Nanak Singh was held on 20th June, 1996 and as per election result declared by the Returning Officer the petitioner has been shown as elected. Annexure P-I is a copy of the report sent by the Returning Officer to the Election Commission. According to this report the petitioner secured 1511 votes against 955 votes of respondent No. 4 and 60 votes of respondent No. 5 and thus the petitioner defeated respondent No. 4 by over 550 votes.

(3.) Respondent No. 4 filed an election petition before the Election Tribunal on 24-6l996 challenging the election of the petitioner. Respondent No. 4 also prayed for grant of stay. Respondent No. 1 entertained the election petition and admitted the same. He issued notice to the respondents including the petitioner for 8-7-1996 and passed the order of status quo. It is given out that on 8-7-1996 the proceedings of the election petition were adjourned to 30th July, 1996 and now these are fixed for 13th August, 1996.