SURINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The election of respondent Nos. 9 and 10 to the Gram Panchayat of village Kotla Dal Singh, as Panches, held on 22nd August, 1978 in pursuance of the provisions of Punjab Gram Panchayat Act, 1952 (hereinafter referred to as the Panchayat Act) and the Gram Panchayat Election Rules, 1960 (hereinafter referred to as the Rules), is being sought to be quashed inter alia on the ground that they were not qualified to contest the election as their names were not validly placed on the electoral roll, in that it was the Returning Officer who had added their names to the supplementary list and that too at the last moment, meaning thereby that their names had been brought on the supplementary electoral list after the date of the making of the nominations.

(2.) It was alleged in the petition that respondent Nos. 9 and 10 were unanimously elected along with five other candidates as there were only seven candidates in the field which included one woman and one Scheduled Caste and there was no election in the sense of a contest.

(3.) The learned counsel submitted that since the validity of the electoral roll cannot be examined by the Election Tribunal, he has no other remedy but to approach this Court on the writ side. We do not agree with the submission of the learned counsel as we are of the view that Election Tribunal in certain contingencies can examine the validity of the electoral roll while trying an election petition, as would be presently shown.