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2008 DIGILAW 1086 (PNJ)

Dilbagh Singh v. Chief Election Commissioner

2008-05-23

AJAY K.MITTAL, DAYA CHAUDHARY

body2008
Judgment Ajay Kumar Mittal, J. 1. In this writ petition filed under Articles 226/227 of the Constitution of India, the prayer is for issuance of a writ of mandamus directing the respondents not to hold the election for the post of Sarpanch of Gram Panchayat of village Kishanpur, Block Adampur, Tehsil and District Amritsar. 2. It is averred in the petition that the election of the Gram Panchayat of village Kishanpur was held on 29.6.2003 and one Sukhpal Singh was selected as Sarpanch. His election was, however, challenged before the Deputy Commissioner-cum-Election Tribunal, Jalandhar by one Avtar Singh on the ground that Sukhpal Singh had filed wrong declaration and a false affidavit concealing his involvement and conviction in a murder case in which he was sentenced to life imprisonment. He was also sentenced to undergo rigorous imprisonment for 10 years for the offence punishable under Section 307 of the Indian Penal Code, vide judgment passed on 31.3.2005 by the Additional Sessions Judge, Kapurthala. The election of Sukhpal Singh was set aside by respondent No. 2, vide order dated 31.3.2005, Annexure P-1, on the ground that he was having disqualification at the time of filing the nomination and the said fact was concealed by filing wrong information and affidavit. 3. Sukhpal Singh challenged the order Annexure P-1 by filing F.A.O. No. 2124 of 2005 in this Court wherein notice of motion was issued. The prayer of Sukhpal Singh for stay of operation of the order, Annexure P-1 of the Deputy Commissioner-cum-Election Tribunal, Jalandhar was declined vide order dated 23.1.2006, Annexure P-3. It was, however, ordered that fresh election shall be subject to the ultimate decision of the aforesaid appeal. 4. Fresh elections were thereafter held for electing Sarpanch of Village Kishanpur on 29.1.2006 and the petitioner-Dilbagh Singh was elected as Sarpanch of the Village securing 283 votes as against the rival candidate, Baldev Singh, who secured 183 votes. As per further averments in the petition, now the Government has ordered fresh elections to the post of Sarpanch of Gram Panchayat, Kishanpur which are going to be held on 27.5.2008. The grievance of the petitioner is that the order of the Government ordering fresh election is illegal as the term of the post of Sarpanch is five years from the date of declaration of result of the election. The grievance of the petitioner is that the order of the Government ordering fresh election is illegal as the term of the post of Sarpanch is five years from the date of declaration of result of the election. It is averred that the petitioner was elected as Sarpanch on 29.1.2006 as is clear from Annexure P-4 and thus, the term of the office of the Sarpanch being five years from the date of his election, i.e. 29.1.2006, his tenure as Sarpanch was to last uptil 28.1.2011. It is in these circumstances, the petitioner made the prayer noted in para 1 of the petition. 5. We have heard learned Counsel for the petitioner and are not impressed with the submissions made by him. 6. It would be advantageous to reproduce the provisions of Sections 14 and 15(1) of the Punjab Panchayati Raj Act, 1994 (in short the Act), which read thus: 14. Term of office of Sarpanch and Panch.- Term of office of Sarpanch and Panch of a Gram Panchayat shall, have as otherwise provided in this Act, co-terminate with the term of the Gram Panchayat. 15. Term of office of Gram Panchayat.- (1) Every Gram Panchayat unless dissolved earlier under this Act, shall continue for a term of five years from the date of its first meeting. 7. Section 15(1) of the Act, provides that the term of each Gram Panchayat shall be five years from the date of its first meeting unless the same is earlier dissolved under the Act. Section 14 of the Act stipulates that the term of each Sarpanch and Panch of a Gram Panchayat shall be co-terminus with the terms of the Gram Pancahyat except as otherwise provided under the Act. 8. According to the facts of the present case, the election of Gram Panchayat of village Kishanpur were held on 29.6.2003. In which one Sukhpal Singh was elected as Sarpanch. The election of Sukhpal Singh was set aside by respondent No. 2 vide order dated 31.3.2005, Annexure P-1 and thereafter fresh elections were held on 29.1.2006. The term of Panch and Sarpanch of the Gram Panchayat is co-terminus with the terms of the Gram Panchayat. In this view of the matter, the elections for electing sarpanch being held during the current year, i.e. 2008, cannot be said to be illegal or against any statute in any manner. The term of Panch and Sarpanch of the Gram Panchayat is co-terminus with the terms of the Gram Panchayat. In this view of the matter, the elections for electing sarpanch being held during the current year, i.e. 2008, cannot be said to be illegal or against any statute in any manner. In view of the above, finding no merit in the writ petition, the same is dismissed.