DALIP SINGH Vs. FAQUIR SINGH

JUDGEMENT

(1.) Petitioner-Dalip Singh who was elected as Sarpanch of Gram Panchayat Attewali, Tehsil and District Fatehgarh Sahib, in the election held on January 20, 1993, has prayed for setting aside of the judgment dated 7-10-1995 passed by the Additional District Judge, Fatehgarh Sahib, whereby petitioner's election has been set aside.

(2.) Respondent No. 1 Faquir Singh also contested the election to the office of Sarpanch and after having lost the battle of ballot he filed a petition under Section 13 of the Punjab Gram Panchayat Act, 1952 (hereinafter referred to as 'the Act') to challenge the election of the petitioner on the ground that he was not eligible to contest the election being an employee of the Morinda Co-operative Sugar Mills Ltd. and also on the ground that his father had taken shamilat Land' on lease from the Gram Panchayat but had not paid the lease money. The petitioner contested the election petition. He denied the allegations made by respondent No. 1 by standing that as an employee of the Cooperative Sugar Mills, Morinda, he did not suffer from any disqualification to contest the election to the office of Sarpanch of the Gram Panchayat. He also pleaded that the so-called arrears outstanding against his father could not be treated as a disqualification against him.

(3.) The Executive Magistrate, Fatehgarh Sahib, who tried the petition recorded findings in favour of petitioner-Dalip Singh on both the issues and dismissed the election petition. However, in appeal, learned Additional District Judge, Fatehgarh Sahib, upheld the challenge to the election of the petitioner and by his impugned judgment, set aside the election and declared respondent No. 1 as elected Sarpanch of Gram Panchayat, Attewali.