HARCHAND SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner, who is a resident of Ward No. 16, Nasrali, Mandi, Gobindgarh, has filed this petition under Articles 226 and 227 of the Constitution of India for issuing a writ in the nature of Quo Warranto for removing respondent No.6 from the office of Municipal Councillor, Ward No.15, on the ground that he was disqualified for contesting the election of the Municipal Council as he was holding the post of Lambardar, which was an office of profit. In nutshell, in the present petition, the petitioner has prayed for setting aside the election of respondent No.6 to the post of Municipal Councillor on the ground that he he was not eligible to contest the election and his nomination paper was wrongly accepted. Therefore, his election is liable to be set aside.

(2.) Undisputedly, the election of the Municipal Council, Mandi Gobindgarh was held on 30.6.2008. Ward No.15 was reserved for Scheduled Castes category. Respondent No.6 was declared elected from the said Ward as he secured 497 votes by defeating other six candidates.

(3.) The petitioner, who is a resident of Ward No.16, is not the voter of Ward No.15. If respondent No.6 was not eligible to contest the election and his nomination paper was wrongly accepted, his election could have been set aside on an election petition filed by the defeated candidate/s or the voters of Ward No.15 under Section 76 read with Section 89 of the Punjab State Election Commission Act, 1994 (hereinafter referred to as 'the Act'). As per Section 76 of the Act, an election petition could have been filed within a period of forty five days from the date of election of the returned candidate. Now the instant petition has been filed for setting aside the election after expiry of the period of limitation for filing the election petition. The case of the petitioner is that respondent No.6 was not eligible to contest the election, being Lambardar holding an office of profit, and his nomination paper was wrongly accepted. It is pertinent to mention here that at the time of scrutiny no objection in this regard was raised.