JASMAIL KAUR Vs. PUNJAB STATE ELECTION COMMISSION CHANDIGARH

JUDGEMENT

(1.) PETITIONER Jasmail Kaur has filed this petition under Article 226/227 of the Constitution of India for quashing the supplementary result dated 29-5-2008 (Annexure P-2), declared by respondent No. 2, whereby after changing the earlier result declared on 26-5-2008, in which the petitioner was declared elected as Panch of Gram Panchayat, village Kassabad, Tahsil and District Ludhiana, smt. Savinder Kaur (respondent No. 4 herein) has been declared elected as Panch of the Gram Panchayat, for the seat reserved for Scheduled Gaste (Women ).

(2.) BRIEFLY, in the present case, Gram panchayat of Village Kassabad, Tahsil and district Ludhiana, consists of 7 posts of panches, out of which one post was reserved for the category of Scheduled Caste (Women ). The petitioner and respondent No. 4 contested the election against the said post. The election was held on 26-5-2008 and counting of the votes was conducted on the same day. The petitioner and respondent No. 4 secured equal number of votes i. e. 54 votes each. It is the case of the petitioner that after accepting the counting, both the candidates gave their consent in writing (Annexure P-3)to declare the result 'by way of toss'. Accordingly, the Presiding Officer conducted the toss, which went in favour of the petitioner and consequently, she was declared elected. Form IX was duly issued by the Presiding Officer declaring the petitioner to have been 'elected by toss'. Copy of Form IX, by which result of all the 7 Panches, including the petitioner, was declared, is annexed with the petition as Annexure P-1.

(3.) SUBSEQUENTLY, a complaint was made by respondent No. 4 to the SDM (East)Ludhiana, against the declaration of result by the Presiding Officer 'by way of toss'. On receiving the said complaint, Additional deputy Commissioner (Development), ludhiana sought direction from the State election Commission, Punjab. Thereupon, the State Election Commission, Punjab, gave direction to declare the result 'by draw of lots', instead of 'by way of toss', as provided under Section 68 of the Punjab State election Commission Act, 1994 (hereinafter referred to as 'the Election Commission Act' ). Thereafter, on the basis of the said direction, the result declared by the Presiding officer on 26-5-2008 'by way of toss' was declared invalid and the result was again scheduled to be declared on 29-5-2008. Both the parties were summoned and 'by draw of lots', respondent No. 4 was declared elected by the Presiding Officer. Consequently, the impugned supplementary result dated 29-5-2008 (Annexure P-2) was declared. This action of the Presiding Officer has been challenged by the petitioner.