FAO No. 3713 of 2010 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. 3713 of 2010 (O&M) Date of decision : 8.11.2010 Santokh Singh ... Appellant vs Balwinder Singh and others .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. O. P. Hoshiarpuri, Advocate, for the appellant. Rajesh Bindal J. The appellant, who had filed the Election Petition before the learned Election Tribunal, Phillaur (hereinafter to be referred as “the Tribunal”), is in appeal before this court challenging the election of Panches for Gram Panchayat, Nawan Pind Donewal, Tehsil Shahkot, District Jalandhar, held on 26.5.2008. The appellant was one of the candidates who had filed his nomination for the office of Panch. He having not been elected filed the Election Petition before the Tribunal claiming that in fact he had filed nomination against the General Category seat, however, his candidature was considered against the seat reserved for Backward Class category, without there being any material on record in support thereof. The learned Tribunal having rejected the Election Petition, the order is impugned in the present appeal. Learned counsel for the appellant submitted that the appellant in the present case had filed his nomination paper as a candidate in General Category and even deposited the fee for the same, however, his candidature was considered against the seat reserved for Backward Class Category which was totally illegal. He having secured highest votes, if considered in General Category, deserves to be declared elected. After hearing learned counsel for the appellant, I do not find any reason to interfere with the impugned order. The undisputed facts on record, as have been noticed by the Tribunal in the impugned order, are that after the nomination papers were filed and the documents were scrutinized, the list of contesting candidates were entered in Form No. 5, which was duly displayed on the notice board. In that list, the appellant's name was shown in the list of Backward Class Category. The appellant at that stage did not raise any objection. Had he been aggrieved of any error committed by FAO No. 3713 of 2010 -2- the Returning Officer, he would have immediately raised objection thereto. Further the election to the post of Panch was also held in terms of the candidatures of different persons as was notified on the notice board in Form No. 5. There was another candidate in the name of Tarsem Singh son of Teja Singh who contested for the post of Panch in Backward Class Category and he having secured more votes than the appellant was declared elected in that category. Had the appellant been aggrieved against his candidature as a Backward Class candidate, there being no other candidate, Tarsem Singh son of Teja Singh would have been elected unanimously. But still the election took place for that seat. Still further when the result of the election was declared on 26.5.2008, at the spot all the 12 candidates signed the result including the present appellant at Sr. No. 10 without any protest. All the aforesaid facts show that the appellant was well aware of the fact that his candidature was considered for the post of Panch against the Backward Class Category and the election process was completed. It is too late in day now to raise an objection to the same that too when almost half of the term of the Panchayat is nearing completion. The appeal is dismissed. 8.11.2010 (Rajesh Bindal) vs. Judge