Punjab-Haryana High Court
Paramjit Kaur And Others vs Election Tribunal Muktsar And Others on 6 September, 2011
Author: Mohinder Pal
Bench: Mohinder Pal
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No. 3358 of 2011(O&M)
Date of decision: September 06, 2011
Paramjit Kaur and others Appellants
Versus
Election Tribunal Muktsar and others Respondents
CORAM : HON'BLE MR. JUSTICE MOHINDER PAL
Present:- Appellants no.1 to 5-in person
with Mr. R.S.Pandher, Advocate.
Respondents no.3 and 4-in person
with Mr. A.K.Khunger, Advocate, for respondents no.3 to 5
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MOHINDER PAL, J.
C.M.No.11578-CII of 2011 This is an application for condoning the delay of 93 days in filing the present appeal, which has been contested by respondent no.2. The application is supported by an affidavit and during the course of arguments, learned counsel for respondent no.2 has not seriously opposed the application for condoning the delay.
In this view of the matter, C.M. is allowed and delay of 93 days in filing the present appeal is condoned. FAO No. 3358 of 2011
The brief facts of the case are that earlier the appellants had filed Civil Writ Petition No.13427 of 2008 with a prayer for setting aside the election of respondent no.5 (in the writ petition ) as Sarpanch of Gram Panchayat, village Lubanian Wali, Tehsil and District FAO No. 3358 of 2011 -2- Muktsar on the ground that she has been declared elected. This Court had allowed the appellants to withdraw the writ petition with liberty to file an election petition under Section 76 read with Section 89 of the Act and the Election Tribunal was directed to decide the Election Petition expeditiously. Thereafter, the appellants had filed a Election Petition dated 25.09.2008 challenging the election of Harbans Kaur.
Vide orders dated 16.12.2010, the Election Tribunal passed the following orders:-
"The file was presented. Call was made. Counsels for the parties were present. As per the notification issued by the Government on dated 14.12.2010. Section 19 of the Panchayati Raj Act, 1994 has been omitted. Therefore, no action is required to be taken on this petition. The petition is hereby dismissed. The file may be consigned to record room after taking action."
Against the orders of Election Tribunal, the appellants have come in this appeal with the prayer that the orders passed by Election Tribunal be set aside and consequently, the election of Harbans Kaur respondent no.2 to the office of Sarpanch be also set aside.
I have heard Mr.R.S.Pandher, Advocate for the appellants and Mr.A.K.Khunger, Advocate for respondents no. 3 to 5 and have gone through the file.
Learned counsel for the appellants has submitted that the appellants are in majority having the support of five members while, the respondents are only four members.
Today, all the five members who were appellants in this case appeared and stated that they are in majority and respondent no.2 Harbans Kaur whose election is under challenge is having only four members. Learned counsel for the respondents has produced only FAO No. 3358 of 2011 -3- two members namely Gurmit Singh and Swaran Singh, who were respondents No.3 and 4 in this case In view of the aforesaid circumstances, I deem it proper that the impugned order passed by the Election Tribunal, Muktsar cannot be sustained and is required to be set aside. The same is accordingly set aside.
This appeal is disposed of with the direction to both the parties to appear before the Deputy Commissioner, Muktsar on 19.09.2011 at 10.00 a.m. and if the Deputy Commissioner is not available on the said date, then to appear on the next working day to prove their majority with regard to the post of Sarpanch. The Deputy Commissioner, Muktsar, after satisfying himself about the majority shall declare the elected candidates as Sarpanch immediately, after recording the proceedings. A copy of this judgment be given 'Dasti'. The registry is also directed to send a copy of this order to Deputy Commissioner, Muktsar immediately, for strict compliance.
(MOHINDER PAL) JUDGE September 06, 2011 p.singh