GURNAM BINDRA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition under Article 227 of the Constitution of India has been moved for quashing of order dated 8.5.2007 passed by respondent No. 3 with a consequential orders.

(2.) THE facts leading to the filing of the present revision are that Election to the Municipal Council, Mohali was held on 30.7.2006 under the superintendence and control of the Punjab State Election Commission. The petitioner and respondent No. 4 contested the election from Ward No. 15. The petitioner was declared elected as the Municipal Councilor, Municipal Council, Mohali and is continuing as such. Respondent No. 4 was defeated by a margin of 52 votes in the said election. He filed an election petition on 29.8.2006 under Section 76 of the Punjab State Election Commission Act, 1994 against the election of the petitioner on vague grounds without giving any material particulars. The written statement to the said election petition was filed by the petitioner on 19.12.2006 and the rejoinder was also filed to the written statement was also filed on 23.1.2007. The election petition was taken up on different dates and the orders passed by the Election Tribunal read as under :-

(3.) IT was during the pendency of the writ petition that copy of the order dated 17.4.2007 was supplied wherein it was found that only record has been summoned with respect to election of Ward No. 15. The writ petition filed by the petitioner was disposed of on 24.4.207 by passing the following orders :-