KAMALJIT KAUR Vs. JASBIR KAUR

JUDGEMENT

(1.) THE election petition was filed by respondent No. 1- Jasbir Kaur, challenging the election of the appellant Kamaljit Kaur before the Election Tribunal under Section 76 of the Punjab State Election Commission Act, 1994. The Election Tribunal set aside the election of the appellant as Member Panchayat of Village Soos, Tehsil and District Hoshiarpur.

(2.) FACTS in short are that respondent Jasbir Kaur and the appellant Kamaljit Kaur were the candidates for the post of General 'Lady Panch' Category. Both the appellant and respondent filed their nomination papers for the post of General Lady Panch Category. Nomination papers of the respondent were found to be correct and after due scrutiny, the election symbol of 'bus' was allotted to the appellant Kamaljit Kaur. The respondent was allotted the symbol of 'Cock'. The said election was held on 26.05.2008. However, on 25.05.2008, prior to the date of polling, the respondent was surprised to see that her name was not mentioned in the category of lady Panch General on the list which was pasted outside the polling booth. Instead, her name was shown under the category of 'General' and was kept out from the consideration zone against the post of 'Woman General Panch'. By keeping the respondent out of this category, appellant Kamaljit Kaur was the only candidate left. However, she was declared elected unopposed. Immediately, Jasbir Kaur approached the District Election Officer, Hoshiarpur and made a complaint in writing that Kamaljit Kaur had been wrongly declared elected as unopposed. The District Election Officer, Hoshiarpur, forwarded the complaint to Sub Divisional Magistrate, Hoshiarpur who submitted his report to the District Education Officer. The District Education Officer further forwarded the letter to the State Election Commission for postponement of the election. The Sub Divisional Magistrate, Hoshiarpur, as well as, the District Education Officer admitted in their report that there was a lapse on the part of the Returning Officer and the name of the respondent Jasbir Kaur was erroneously not mentioned in the category of Lady Panch General and Kamaljit Kaur was wrongly declared elected. However, the State Election Commission refused to reschedule the election. Accordingly, respondent Jasbir Kaur filed Civil Writ Petition before this Court. The said writ petition was disposed of with a direction to make a representation to the Election Commission. The Election Commission referred the matter to the Election Tribunal, Hoshiarpur, for decision. Thereafter, the Election Petition was filed.

(3.) LEARNED counsel for the respondents, on the other hand, submitted that the appellant did not raise the objection of improper verification before the Election Tribunal and therefore, she cannot raise issue of verification for the first time in appeal. Moreover, the election petition cannot be dismissed on the ground of verification alone. It was further submitted that the election of the appellant was set aside as the nomination papers of the respondent were accepted under the wrong category of 'general', whereas, she had filed her nomination papers under the category of general lady panch. This had materially affected the result. As such, the said ground was a good ground to set aside the election under Section 89 of the Act. Learned counsel for the respondent further submitted that so far as the claim of the respondent is concerned, she had duly filed her nomination form for the post of woman general panch and the same is evident from the nomination papers itself. It was only when she learnt on 25-05-2008 that her name was being shown against the post of general panch that she immediately appeared before the Deputy Commissioner, Hoshiarpur and filed a written complaint on 25-05-2008 itself, i.e. before the elections.