FAO No. 978 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 978 of 2010 (O&M) Date of decision: 19.5.2011 Surinder Singh and others .. Appellants v. Sukhwinder Kaur and others .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Kanwaljit Singh, Senior Advocate with Mr. Puneet Kumar Bansal, Advocate for the appellants. None for the respondents. ... Rajesh Bindal J. Challenge in the present appeal is to the order dated 22.1.2010, passed by the Presiding Officer, Election Tribunal-cum-Deputy Commissioner, Ludhiana (for short, `the Tribunal'), dismissing the election petition filed by the appellants, challenging the election of Sarpanch of Gram Panchayat Rajgarh, Tehsil Payal, District Ludhiana. Learned counsel for the appellants submitted that election of Sarpanch of Gram Panchayat Rajgarh was to be held on 24.7.2008. All the appellants were apprehending danger to their life and filed CWP No. 10484 of 2008 for necessary security to attend the meeting. Hon'ble Division Bench of this court vide order dated 11.6.2008 (Annexure P-1) directed the Senior Superintendent of Police to look into the matter and provide security. He further submitted that on 24.7.2008, all the appellants appeared before the Presiding Officer but none of the respondents was present. The meeting was adjourned to 28.7.2008. But in the intervening night of 27/28.4.2008, Bagga Singh-appellant No. 3 was kidnapped by Harbhajan Singh @ Kannu, husband of respondent No. 1. FIR No. 184 FAO No. 978 of 2010 [2] dated 28.7.2008 was registered. On 28.7.2008, the appellants except Bagga Singh appeared before the Returning Officer and informed that Bagga Singh had been kidnapped and also produced copy of the FIR but the Returning Officer did not agree and in the presence of four Panches declared Sukhwinder Kaur as Sarpanch. The appellants again approached this Court by way of CWP No. 13329 of 2008. Vide order dated 30.7.2008 (Annexure P-2), while issuing notice of motion, this court stayed declaration of Sukhwinder Kaur as Sarpanch. On 9.12.2008, this Court permitted the appellants to withdraw the writ petition with liberty to file election petition before the Tribunal. The election petition having been dismissed, the appellants are before this Court. No one has appeared for the respondents. Heard learned counsel for the appellants and perused the paper book. It is a case in which five Panches out of total nine in the Gram Panchayat are on one side from the very beginning. They have been moving together before all the Forums immediately after the election as Panches of the Gram Panchayat. In clandestine manner, the group, which is in minority, was made to elect their person as Sarpanch. First meeting scheduled on 24.7.2008 was postponed on account of lack of quorum. As the second meeting was to be held on 28.7.2008, it is claimed by the appellants that appellant No. 3-Bagga Singh was kidnapped by Harbhajan Singh @ Kannu, husband of respondent No. 1, for which even FIR was also registered. The other four appellants were present when the meeting was held on 28.7.2008, but they were not even allowed to mark their presence. Lachhman Singh, Chowkidar of the village, filed his affidavit before the Tribunal showing that on 28.7.2008, the appellants except Bagga Singh were present. The factum of registration of FIR on account of kidnapping by Harbhajan Singh was not even noticed by the Returning Officer. It is not a case in isolation where this kind of modus operandi was adopted for electing Sarpanches in various Gram Panchayats belonging to the groups which were in minority. There is no reason that FAO No. 978 of 2010 [3] Panches of the party in majority will not be present at the time of meeting for election of Sarpanch when they very well know that they will be able to elect one of them as Sarpanch. It was stated by learned counsel for the appellants that on account of the Sarpanch being in minority, he is not able to carry out any work in the area and Administrator had to be appointed, who is working since August, 2008. The respondents are apparently happy with the system going on for the reason that they do not want to see any person of the opposite group to be the Sarpanch as they know that they cannot elect any one of them as Sarpanch being in minority. This is nothing else but a slap on the face of democracy where the members of Panchayat, who are in majority, have not even been permitted to elect the Sarpanch. For the reasons mentioned above, the impugned order passed by the Tribunal is set aside and it is directed that election of the Sarpanch be held immediately without any delay and the process should be completed within two months. The appeal stands disposed of in the manner indicated above. ( Rajesh Bindal ) Judge 19.5.2011 mk