DILBAGH SINGH Vs. CHIEF ELECTION COMMISSIONER

JUDGEMENT

(1.) In this writ petition filed under Articles 226/227 of the Constitution of India, the prayer is for issuance of a writ of mandamus directing the respondents not to hold the election for the post of Sarpanch of Gram Panchayat of village Kishanpur, Block Adampur, Tehsil and District Amritsar.

(2.) IT is averred in the petition that the election of the Gram Panchayat of village Kishanpur was held on 29.6.2003 and one Sukhpal Singh was selected as Sarpanch. His election was, however, challenged before the Deputy Commissioner-cum-Election Tribunal, Jalandhar by one Avtar Singh on the ground that Sukhpal Singh had filed wrong declaration and a false affidavit concealing his involvement and conviction in a murder case in which he was sentenced to life imprisonment. He was also sentenced to undergo rigorous imprisonment for 10 years for the offence punishable under Section 307 of the Indian Penal Code, vide judgment passed on 31.3.2005 by the Additional Sessions Judge, Kapurthala. The election of Sukhpal Singh was set aside by respondent No. 2, vide order dated 31.3.2005, Annexure P-1, on the ground that he was having disqualification at the time of filing the nomination and the said fact was concealed by filing wrong information and affidavit.

(3.) FRESH elections were thereafter held for electing Sarpanch of Village Kishanpur on 29.1.2006 and the petitioner-Dilbagh Singh was elected as Sarpanch of the Village securing 283 votes as against the rival candidate, Baldev Singh, who secured 183 votes. As per further averments in the petition, now the Government has ordered fresh elections to the post of Sarpanch of Gram Panchayat, Kishanpur which are going to be held on 27.5.2008. The grievance of the petitioner is that the order of the Government ordering fresh election is illegal as the term of the post of Sarpanch is five years from the date of declaration of result of the election. It its averred that the petitioner was elected as Sarpanch on 29.1.2006 as is clear from Annexure P-4 and thus, the term of the office of the Sarpanch being five years from the date of his election, i.e. 29.1.2006, his tenure as Sarpanch was to last uptil 28.1.2011. It is in these circumstances, the petitioner made the prayer noted in Para 1 of the petition.