SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE sole question for consideration in this writ petition is whether the Election Tribunal has the jurisdiction to stay the election of sarpanch which is to be held in the meeting convened under Section 13-A of the Punjab panchayati Raj Act (hereinafter referred to as 'the Act'), during the pendency of the election petition filed for challenging the election of the Panches of the Gram Panchayat.

(2.) IN the present case, in the Panchayat elections held in the State of Punjab, five members of the Gram Panchayat of village basti, including the petitioners and respondent Nos. 6 and 7, were elected. After the election, their election was duly notified by the State Government. Petitioner No. 1 was elected against the seat reserved for General Category, whereas petitioner Nos. 2 and 3 were elected against the seats reserved for general Women category. Other two persons, namely, Bikramjit Singh and Naehhattar singh (respondent Nos. 6 and 7) were also elected as Panches from the categories of scheduled Caste and General, respectively.

(3.) IT is the case of the petitioners that one Baljeet Kaur, who has been arrayed as respondent No. 4, had also filed her nomination papers for contesting the election of panch against the seat reserved for General category. At the time of election, she was given the symbol of Goat and her name was mentioned in General Category. But, she was wrongly declared defeated by showing that she contested the election from the seat reserved for woman category. After the election, said Baljeet Kaur filed an election petition before the Election Tribunal. In the said election petition, she filed an application for staying the convening of the meeting under section 13-A of the Act for the election of sarpanch. The said application has been allowed by the impugned order staying the election of Sarpanch which was to be held on 22. 7. 2008. The said order of the Election Tribunal has been challenged in this writ petition.