JOGINDER SINGH Vs. BALDEEP SINGH

JUDGEMENT

(1.) THIS is an appeal against the order dated 31.08.2009 passed by the Election Tribunal (Deputy Commissioner) Barnala, vide which the election of the appellant as Panch-Sarpanch of Village Mehal Khurd has been cancelled.

(2.) THE brief facts of the case are that election constituting of Gram Panchayat of Village Mehal Khurd comprising of 11 Panches, was held on 26.05.2008. Appellant, respondent and Performa respondents contested the election and were the candidates for the seat of Panches. They were declared and elected as Panches of aforesaid Gram Panchayat without any objection from any side in any manner at any time before any authority. Later on, the appellant and respondent No. 2 Baldeep Singh contested the election for Sarpanch and ultimately appellant was declared elected Sarpanch having majority of Panches with him. Further, respondent No. 1 without filing an election petition before the learned Election Tribunal, filed Civil Writ Petition No. 11319 of 2008 before the High Court. The same was disposed of with direction to represent to the Deputy Commissioner Barnala for decision. Ultimately, the Deputy Commissioner, Barnala dismissed the application vide order dated 10.04.2008, with direction to respondent No. 1 to file election petition before Election Tribunal and the case was dismissed but respondent No. 2 instead of filing election petition, again filed CWP No. 17139 of 2008 before Hon'ble Court and ultimately the said writ petition was dismissed as withdrawn on 26.09.2008 with liberty to file election petition in accordance with law. Subsequently, respondent No. 1 filed a time barred election petition before the election Tribunal Barnala. The same was allowed and the election of the appellant was set aside vide impugned order dated 31.08.1998 only on the ground that "the appellant is not competent to contest the election for Panch because he is not the resident of village Mehal Khurd as his name appears in the Election list of Village Haibowal Ludhiana."

(3.) LEARNED counsel for the respondents, on the other hand, submitted that the election petition of the respondents was within limitation as the High Court vide order dated 26.09.2008 passed in Civil Writ Petition No. 17139 of 2008 had granted liberty to avail of the remedy of filing of the election petition in accordance with law. It was further submitted that it was proved on record that on 26.05.2008, the date when the election of the Gram Panchayat Mehal Khurd was conducted, the name of appellant-Joginder Singh was not deleted from the electoral roll of Village Haibowal Khurd, District Ludhiana. Thus, the appellant had violated the provision of Section 17 and Section 100 (iv) of the Representation of the People Act, 1950 (in short the 1950 Act)