Election
Commission can interfere in an election and pass appropriate orders for
smooth completion of the election process. As per established law, the
election process ... made thereunder."
13. As per established procedure, in case of uncontested election,
result is to be declared forthwith in Form 5 annexed with
shall be vested in the Election Commission."
" The Punjab State Election Commission Act,1994 ".
Section 3 . Election to Panchayats and Municipalities ... Municipalities.
(2)The Election Commission established under sub-
section(1), shall consist of a State Election
Commissioner (hereinafter called the Election
Commissioner) to be appointed
seats to
be filled up, meaning thereby that there is an uncontested
election, then the Returning Officer is required to
forthwith declare all such candidates ... either in
Form V or in Form IX in case of uncontested election
and in Form IX in case of a contested election, has been
Punjab Panchayat Election Rules, 1994.
2. Section 54 of the Punjab State Election Commission
Act, 1994 details the procedure in contested and uncontested
elections. Clause ... whose election had been
countermanded by the order of the State Election Commissioner.
4. This order of the State Election Commission
countermanding the election
filled as unopposed earlier. Later,
however, the election was countermanded. According to learned
counsel, once the election is countermanded, all the seats are deemed ... either in Form V or in Form IX in case of uncontested election
and in Form IX in case of a contested election, has been
challenge to the validity of an election has to be
addressed by adopting the remedy of an election petition provided under the
governing statute ... period of 30 days for the
filing of election petitions in respect of the uncontested seats."
Apart from the fact that it was duly
period of 30 days for the
filing of election petitions in respect of the uncontested seats.
33. For these reasons, we are of the view ... direct that the period of 30 days for filing election petitions
in respect of the uncontested seats shall commence from the
date of the publication
election which was
to be held on 26.5.2008, twenty three candidates of different categories
filed their nomination papers for the election of aforesaid seven Members ... Panch from the reserved category of `Women' as
uncontested candidate. After the election, Ujagar Singh, Bawa Singh and
Smt.Gurnam Kaur (respondents
having been stayed by this Court, the election process was not completed and
now instead of fresh election process, the same process which had ensued ... nomination papers being filed before the Election
Programme Officer. Even though the order dated 20.12.2021 had stayed the
election process, the same was produced before
counsel states that election petition filed by the petitioner
is not being decided although it was filed 8 months back. The election
petition is required ... made out in the election petition are clear in so much as respondent no. 2
has been declared elected uncontested from the category of Scheduled