MANJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Smt. Manjit Kaur has filed this petition under Articles 226/227 of the Constitution of India for quashing the election result (Annexure P-3) of the members of the Gram Panchayat Majra, Block Narot Jaimal Singh, Tehsil Pathankot, District Gurdaspur being illegal and void.

(2.) IT is the case of the petitioner that in the election of Gram Panchayat she contested the election of Panch, which was held on 26.5.2008, as per the provisions of Punjab Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act'). Out of five seats of the Member Gram Panchayat, Village Majra, two seats of Panches were reserved for Women in the General Category, one seat for Male Member, one for Scheduled Caste Male and one for Backward Class Male. It is further the case of the petitioner that she contested the said election against the two reserved seats for Women. After the poll, which was held on 26.5.2008, the petitioner along with one Poonam Saini, was declared elected against the reserved category of Women. Petitioner secured 71 votes whereas Poonam Saini secured 76 votes. Subsequently, the result was sent to the Returning Officer for its notification but the Returning Officer with a mala fide intention changed the result and declared Gurpreet Kaur respondent No. 7 as elected Panch and the petitioner who was already declared elected was shown to be defeated and the said result was notified vide Annexure P-3. The petitioner has challenged the said election result by filing the present writ petition.

(3.) DURING the course of arguments, it has been depicted that if the petitioner is considered to have contested the election in the General Category then she has secured less votes than Raghbir Singh and Bansi Singh who have been declared elected. It is also an admitted position that in the nomination paper the petitioner has nowhere mentioned that she is contesting the election against the reserved category of Women.